5JAE-UNIVERS/A 


.^lOS-AN 
f 


ONNECTIClTr 


FALSE  BLUE  LAWS 

FORGED  BY  PETERS 

EDITED  BY" 

J.HAMMOND  TRUMBULL 


1376 


THE 


TRUE-BLUE  LAWS 


OF 


CONNECTICUT  m  NEW  HAVEN 

AND   THE 

FALSE   BLUE -LAWS 

INVENTED  BY  THE  REV.  SAMUEL  PETERS 

TO  WHICH  ARE  ADDED 

SPECIMENS    OF    THE    LAWS    AND    JUDICIAL    PROCEEDINGS 

OF   OTHER   COLONIES   AND    SOME   BLUE-LAWS   OF 

ENGLAND   IN   THE   REIGN   OF   JAMES   I. 


EDITED  BY 

J.  HAMMOND  TRUMBULL 


HARTFORD    CONN. 
AMERICAN   PUBLISHING   COMPANY, 

1876 


COPYRIGHT 

BY  AMERICAN  PUBLISHING  Co. 
1876. 


Stack 
Annex 


CONTENTS. 


PREFACE,         .           .           .          .           .  v 

INTRODUCTION,      .           .           .                   -  .           .  9 

1.  FIRST  CONSTITUTION  OF  CONNECTICUT,  1639,         .  .51 

2.  CAPITAL  LAWS  OF  CONNECTICUT,  1642,  ...  59 

3.  THE  FIRST  CODE  OF  LAWS,  1650,  .           .           .  .61 

4.  LAWS,  ORDERS  &c.  OF  THE  CONNECTICUT  COURTS,      .  142 

5.  FUNDAMENTAL  AGREEMENT  AT  NEW  HAVEN,         .  .  161 

6.  THE  NEW  HAVEN  CODE,  1655,.  ....        177 
7   LAWS,  ORDERS,  AND   JUDGMENTS,  OF   NEW  HAVEN 

COURTS,  1639-1660,  .....  275 

8.  THE  "  BLUE  LAW  "  FORGERIES  OF  PETERS,       .  .        301 

• 

9.  LAWS  AND  JUDICIAL  PROCEEDINGS  OF  OTHER  COLONIES  : 

NEW  YORK,         ......  309 

VIRGINIA,       ......        321 

MARYLAND,          ......  330 

MASSACHUSETTS,       .....        333 

10.  BLUE  LAWS  OF  ENGLAND,  IN  THE  REIGN  OF  JAMES  I.,       347 


2012315 


PREFACE. 


The  publishers  assure  me  that  a  new  edition  of  the  "  Blue  Laws  " 
is  wanted,  and  at  their  request  I  have  undertaken  to  prepare  one.  I 
have  regarded  this  as,  in  some  sort,  missionary  work.  There  are 
regions,  in  which  schools  and  printing-presses  have  for  years  been 
at  work,  where  Peters's  "  History  of  Connecticut "  is  still  read  as 
history.  There  are  hundreds  who  still  believe — and  thousands  who 
profess  to  believe — that  to  kiss  one's  child  on  the  Sabbath-day,  to 
make  minced  pies,  and  to  play  on  any  instrument  of  music  except 
the  drum,  trumpet,  and  jews'-harp,  were  made  criminal  offences  by 
the  ancient  laws  of  New  Haven.  There  are  honest  inquirers,  not  a 
few,  who  write,  week  after  week,  to  the  newspapers,  for  information 
about  these  '  Blue-tLaws,'  and  to  ask  where  authentic  copies  of  them 
can  be  found.  It  has  seemed  worth  while  to  bring  together,  in  one 
volume  of  convenient  size,  the  truth  and  the  falsehood  about  the 
early  legislation  of  Connecticut  and  New  Haven  colonies.  Those 
who  like  to  read  the  famous  code  which  Peters  gave  to  "  the  inde- 
pendent dominion  of  New  Haven,"  may  find  it  here,  in  unadulter- 
ated mendacity.  They  may  find  also  some  genuine  curiosities  of 
legislation  and  jurisprudence,  taken  from  the  records  of  Connecticut 
— and  other  American  colonies  ;  and,  for  comparison  with  these,  a 
few  specimens  of  the  laws  which  were  in  force  in  England,  in  the 
reign  of  James  the  First. 

I  have  aimed  to  give  this  volume  some  permanent  value  to 


VI  PREFACE. 

another  class  of  readers.  It  comprises  accurate  copies  (in  modern- 
ized orthography)  of  the  first  constitutions  and  the  first  codes, 
criminal  and  civil,  of  Connecticut  and  New  Haven.  In  these 
colonial  governments,  "  deriving  their  authority  from  the  voluntary 
association  and  agreement  of  the  people,  we  have,"  said  Chief  Justice 
Swift,  "  the  most  singular,  and  the  fairest  example  of  the  opera- 
tion of  that  'natural  principle  which  impels  mankind  to  unite  in 
society :  here  the  social  compact  was  made  and  entered  into,  in  the 
most  explicit  manner:  here  is  the  origin  of  a  government  upon 
natural  principles."  The  Connecticut  constitution  of  1638-9  is  the 
foundation  of  the  republican  institutions  of  the  colony  and  state.  It 
may  claim,  on  still  higher  considerations,  the  attention  of  students 
of  political  science  and  of  general  history, — as  "  the  first  properly 
American  constitution — a  work  in  which  the  framers  were  permitted 
to  give  body  and  shape,  for  the  first  time,  to  the  genuine  republican 
idea,  that  dwelt  as  an  actuating  force,  or  inmost  sense,  in  all  the 
New  England  colonies." 

v    J-   H.  T. 

HARTFORD,  Nov.  ist,  1876. 


INTRODUCTION. 


"  TRUE  BLUE  WILL  NEVER  STAIN  "  says  an  old  prov- 
erb, and  Bailey's  Dictionary  gives  this  explanation  of 
it:  "  As  a  true  blue  colour  or  dye  never  fades  or  chan- 
ges its  colour,  so  a  man  of  fixed  principles  and  resolu- 
tions, firmly  grounded  upon  the  reasonableness  and 
justice  of  such  principles,  will  not  be  easily  drawn 
aside  to  depart  from  them,  or  be  guilty  of  any  evil 
or  mean  action."  The  epithet  True  blue  had  nearly 
the  same  meaning  as  that  by  which  a  democrat  of  the 
old  school  is  occasionally  commended  as  "dyed  in  the 
wool."  Blue  was  the  symbol  of  constancy  and  fidelity. 
In  Ciiaucer's  Court  of  Love,  the 

— "  folke  that  knele  in  blew 
They  weare  the  colour,  ay  and  ever  shal, 
In  signe  they  ever  were  and  ever  wil  be  true, 

Withouten  change" 

Fixed  principles  were  out  of  fashion  after  the  Res- 
toration. Nothing  could  be  more  unpopular  at  the 
court  of  Charles  the  Second  than  constancy  in  virtue 
and  adherence  to  convictions  of  duty.  "True  blue" 
became  a  term  of  reproach,  reserved  for  puritans  and 
schismatics.  It  served  to  point  Butler's  satire,  in  the 
description  of  Sir  Hudibras: 

"  For  his  religon,  it  was  fit 
To  match  his  learning  and  his  wit ; 
'Twas  Presbyterian  true  blue" 

To  be  "blue"  was  to  be  "puritanic,"  precise  in 
the  observance  of  legal  and  religious  obligations,  rigid, 
gloomy,  over-strict, — in  a  word,  to  be  in  morals  and 
manners  the  very  opposite  of  a  courtier,  wit,  or  gallant 
of  the  time. 

The  colonists  of  New  England  were,  with  very  few 
exceptions,  "  true  blue,"  and  their  legislation  every- 
where caught  a  reflection  of  the  color.  They  accepted 
the  word  of  God  as  a  sufficient  rule  of  conduct. 
The  freemen  of  Massachusetts  resolved  to  model  their 
Body  of  Liberties  from  the  code  of  Moses  ;  and 
the  early  laws  of  Connecticut  and  New  Haven  were  in 


10  INTRODUCTION. 

great  part  copied  from  those  of  Massachusetts.  The  first 
planters  of  New  Haven  resolved  "that,  as  in  matters  tha{ 
concern  the  gathering  and  ordering  of  a  church,  so  like- 
wise in  all  public  offices  which  concern  civil  order,  as 
choice  of  magistrates  and  officers,  making  and  repealing 
of  laws,  dividing  allotments  of  inheritance,  and  all  things 
of  like  nature,  we  would  all  of  us  be  ordered  by  those 
rules  which  the  scripture  holds  forth  to  us."  "There 
is,"  observes  Dr.  Palfrey  (History  of  N.  England,  ii.  27), 
"  no  higher,  and  no  other  just  conception  of  human  law, 
than  was  theirs,  when  they  recognized  it  as  an  embodi- 
ment of  the  will — in  other  words,  of  the  law — of  God.  .  . 
The  mistake  which  had  more  or  less  clouded  the  mind 
of  the  Puritan  New-Englander  was  in  his  regarding  the 
law  of  Moses  as  a  declaration  of  the  law  of  God  for  all 
times  and  places.  But  he  did  not  embrace  this  error  in 
its  full  extent."  In  New  Haven,  such  only  of  "the 
judicial  laws  of  God,  delivered  by  Moses,"  as  are  "  a 
fence  to  the  moral  law,  being  neither  typical  nor  cere- 
monial, nor  having  any  reference  to  Canaan,"  were  made 
a  rule  to  the  courts  in  their  proceedings  against  offen- 
ders. *  No  one  of  the  colonies  adopted  the  whole  code 
of  Moses,  even  in  respect  to  capital  offences.  A  recent 
editor  of  the  "  Blue  Laws  of  Connecticut  and  New 
Haven  "  has  commented  on  the  "  quaintness,  bluntness, 
particularity,  and  antiquated  excess  of  penalty,  which 
have  gained  for  them  the  equivocal  epithet  by  which 
they  have  been  generally  designated  for  several  genera- 
tions."! Quaint  and  blunt  enough,  certainly,  some  of 
these  laws  appear  in  the  light  of  the  nineteenth  century. 
They  are  often  perhaps  too  particular  and  precise  in 
their  application  of  "  rules  of  righteousness "  to  the 
conduct  of  individuals.  But  he  who  believes  that  the 
early  legislation  of  New  England  was  distinguished,  in 
its  time,  by  the  severity  of  its  penalties,  knows  little  of 
the  history  of  criminal  law  in  Great  Britain  or  America. 
"  In  determining  what  kind  of  men  our  fathers  were,  we 
are  to  compare  their  laws,  not  with  ours,  but  with  the 
laws  which  they  renounced."  \  Thirty-one  offences  were 

*New  Haven  Colony  Records,  I.  130.  (1644.) 

fThe  Blue  Laws  of  Connecticut ;  edited  by  Samuel  M.  Smucker, 
LL.D.  (Philadelphia,  1861),  Preface,  p.  3.    • 
|  Dr.  BacQn's  Historical  Discourses,  p.  32. 


INTRODUCTION.  11 

punished  by  death,  in  England,  at  the  beginning  of  the 
reign  of  James  the  First.  The  list  grew  larger  from  year 
to  year,  until  in  1819  it  had  reached  the  number  of  two 
hundred  and  twenty-three,  of  which  one  hundred  and 
seventy-six  were  without  benefit  of  clergy.  Massachusetts 
by  her  first  code,  in  1641,  and  Connecticut  in  1642,* 
imposed  the  penalty  of  death  on  twelve  offences  only. 
New  Haven  added  two  or  three  to  the  number  of  "capi- 
tal laws,"  but  with  such  reservations  as  to  leave  the 
exaction  of  the  supreme  penalty  to  the  discretion  of  the 
courts. 

In  the  reform  of  penal  legislation  New  England  was  at 
least  a  century  in  advance  of  the  mother  country.     If 
any  one  doubts  this,  let  him  look  into  the  State  Trials 
or  the  old  Reports. 

Two  years  before  the  sailing  of  the  Mayflower,  "  one 
Wrennum  "  was  prosecuted,  in  the  Star  Chamber,  on  the 
charge  of  having  "  divers  times  petitioned  the  King  against 
Sir  Francis  Bacon,  the  Lord  Chancellor,  pretending  that 
the  said  Lord  Bacon  had  done  him  great  injustice,"  and 
moreover,  for  having  dedicated  to  King  James  a  book  in 
which  the  Chancellor  was  "traduced  and  scandalized." 
On  his  conviction,  the  attorney-general  cited  a  precedent 
in  the  same  court,  in  the  second  year  of  the  same  reign, 
"where  one  Ford,  for  an  offence  in  like  manner  against 
"the  late  Chancellor,  was  censured,  that  he  should  be 
"perpetually  imprisoned,  and  pay  a  fine  of  ^1000,  and 
"  that  he  should  ride,  with  his  face  to  the  tail,  from  the 
<4  Fleet  to  Westminster,  with  his  fault  written  upon  his 
"  head,  and  that  he  should  acknowledge  his  offence  in  all 
the  courts  in  Westminster,  and  that  he  should  stand  a 
reasonable  time  upon  the  pillory,  and  that  one  of  his  ears 
should  be  cut  off,  and  from  thence  should  be  carried  to 
prison  again,  and  in  like  manner  should  go  to  Cheap- 
side,  and  should  have  his  other  ear  cut  off,  &c."  And 
the  Court  proceeded  to  sentence  Wrennum  "according 
to  the  said  precedent,  "f 

The  case  of  William  Prynne,  a  learned  barrister,  is 
more  familiar  to  American  readers.  His  real  offence 

*  Four  years  Fater,  two  additional  offences  were  made  capital,  by 
both  colonies. 

f  Popham's  Reports. 


12  INTRODUCTION. 

was  in  publishing  anti-prelatical  tracts  and  opposing 
the  innovations  in  religious  worship  introduced  by 
Archbishop  Laud.  He  was  prosecuted  in  1633,  in  the 
Star  Chamber,  for  having  written  a  book  '(Histriomas- 
tix,  or  a  Scourge  for  Stage-Players")  in  which  he 
had  "  railed  not  only  against  stage-plays,"  but,  as  was 
alleged,  "against  hunting,  public  festivals,  Christmas- 
keeping,  bonfires  and  may-poles,"  etc.  He  was  sen- 
tenced to  lose  both  his  ears  in  the  pillory,  to  degradation 
from  the  bar,  a  fine  of  ^3000,  and  imprisonment  for 
life.  Three  years  afterwards,  he  gave  new  offence  to 
Laud,  by  publishing  a  pamphlet  against  the  hierarchy. 
He  was  again  prosecuted,  and  was  sentenced  to  lose 
what  remained  of  his  ears,  to  pay  a  fine  of  ^5000,  to  be 
branded  on  both  his  cheeks  with  the  letters  S  L  (for 
'  Seditious  Libeller '),  and  to  remain  in  prison  for  life. 
The  severity  of  this  sentence  was  equalled  by  the 
savage  rigor  of  its  execution. 

With  such  precedents,  is  it  strange  that  the  colonists 
of  New  England  chose  to  frame  a  new  code  on  the 
model  of  the  Mosaic,  rather  than  trust  themselves  to 
the  tender  mercies  of  English  law? 

The  law  of  England  which  condemned  a  prisoner 
who  "  stood  mute  " — or  refused  to  plead — to  be  slowly 
pressed  to  death  by  weights  placed  upon  his  chest 
(the  peine  fort  et  dure),  was  not  repealed  till  1772. 
Several  instances  of  the  infliction  of  this  horrible 
penalty  after  1700,  are  recorded;  one,  so  late  as  1741. 

Until  1790,  every  woman  convicted  of  counterfeiting 
gold  or  silver  coin  of  the  realm,  was  sentenced  to  Le 
drawn  on  a  hurdle  to  the  place  of  execution  and  there 
"  to  be  burned  with  fire  till  she  was  dead."  This,  says 
Blackstone,  *  was  "the  usual  punishment  for  all  sorts 
of  treasons  committed  by  those  of  the  female  sex." 
After  1700,  the  practice  became  more  humane  than  the 
law  authorized,  and  usually  the  offender  was  strangled 
before  being  burned:  "there  being  very  few  instances, 
and  those  accidental  or  by  negligence,  of  any  person's 
being  emboweled  or  burned,,  till  previously  deprived 
of  sensation  by  strangling."  f  By  such  an  accident,  a 
woman  was  actually  burned  alive  at  Tyburn  in  1726, 

*  4  Blackstone's  Commentaries,  204.      f  Ibid,  377. 


INTRODUCTION.  13 

for  killing  her  husband  (a  crime  that  English  law 
made  "  petty  treason ").  Twenty  thousand  people 
gathered  to  see  a  woman  burned,  in  1773.*  Another 
suffered  the  same  penalty  in  1777;  and  another,  for 
making  counterfeit  shillings,  in  1786. 

In  the  reign  of  Henry  VIII,  poisoners  were,  by  act 
of  parliament,  condemned  to  be  boiled  to  death.  This 
act  was  repealed  in  the  following  reign,  but  not  before 
several  offenders  had  suffered  its  penalty.  In  Germany, 
even  in  the  i7th  century,  this  horrible  punishment  was 
inflicted  on  coiners  and  counterfeiters.  Taylor,  the 
Water  Poet,  describes  an  execution  he  witnessed  in 
Hamburg,  in  1616.  The  judgment  pronounced  against 
a  coiner  of  false  money  was  that  he  should  "  be  boiled 
to  death  in  oil;  not  thrown  into  the  vessel  at  once,  but 
with  a  pulley  or  rope  to  be  hanged  under  the  arm- 
pits, and  then  let  down  into  the  oil  by  degrees;  first  the 
feet,  and  next  the  legs,  and  so  to  boil  his  flesh  from  his 
bones  alive." 

When  Connecticut  and  New  Haven  were' framing  their 
first  codes,  larceny  above  the  value  of  twelve  pence 
was  a  capital  crime  in  England — as  it  had  been  since  the 
time  of  Henry  I.  In  some  cases  the  thief  might  claim 
"benefit  of  clergy"  for  the  first  offence,  but  the  second 
was  punished  by  death.  From  many  descriptions  of 
larceny,  the  law  expressly  took  away  the  benefit  of  clergy : 
to  steal  a  horse,  or  a  hawk,  or  woollen  cloth  from  the 
weaver,  was  a  hanging  matter.  So  it  was,  to  kill  a  deer 
in  the  king's  forest,  or  to  export  sheep  from  the  kingdom. 
"  Outlandish  persons  calling  themselves  Egyptians  "  (i.  e. 
gipsies)  who  remained  more  than  one  month  in  England, 
and  all  persons  who  consorted  with  them,  were  declared 
felons,  without  benefit  of  clergy.  Thirteen  gipsies  were 
executed,  under  sentence  of  court,  at  one  term,  in 
Suffolk,  for  no  greater  crime  than  vagabondage.  The 
brutal  severity  of  the  laws  against  vagrants  and  idlers, 
in  the  sixteenth  and  seventeenth  century  almost  sur- 
passes belief.  In  the  reign  of  Edward  the  Sixth,  it 
was  enacted,  that  "  if  any  man  or  woman  able  to  work 
should  refuse  to  labor,  and  remain  idle  for  three  days, 
he  or  she  should  be  branded  on  the  breast  with  the  , 
letter  V,  and  adjudged  the  slave,  for  two  years,  of  any 

*  Elizabeth  Herring.     See  the  "  Annual  Register,"  1773,  p.  131. 


14:  INTRODUCTION. 

one  who  should  inform  against  such  idler:"  if  the 
slave  ran  away,  he  or  she  when  recaptured  was  to  be 
branded  on  the  cheek  with  the  letter  S,  and  to  become 
a  slave  for  life;  and  running  away  a  second  time,  was 
to  be  punished  with  death.  It  was  not  much  better  in 
the  reign  of  James  the  First,  when  a  law — which 
continued  in  force  till  the  time  of  Queen  Anne — pro- 
vided that  any  mendicant  or  vagrant  whom  a  justices' 
court  should  adjudge  "  incorrigible  and  dangerous,  should 
be  branded  on  the  left  shoulder  with  a  hot  iron  of  the 
breadth  of  a  shilling  having  a  Roman  R  upon  it,  and  if 
after  such  judgment  they  were  found  begging  and 
wandering,  they  were  to  be  adjudged  felons  and  to  suffer 
death,  without  benefit  of  clergy." 

Before  criticising  too  sharply  the  penal  codes  of  New 
England  in  the  first  half  of  the  seventeenth  century,  it 
may  be  well  to  look  at  the  picture  a  recent  English 
historian  has  drawn,  of  England  in  the  middle  of  the 
eighteenth,  and  at  the  beginning  of  the  reign  of  George  the 
Third.  "  Our  criminal  law,"  says  Phillimore, — "  at  that 
time  the  inexorable  scourge  of  the  lower  orders,  cart- 
loads of  whom  were  carried  off  every  month  to  execution 
— administered  in  that  day  too  frequently  by  corrupt 
and  ignorant  judges,  generally,  as  any  one  who  turns  to 
the  reports  of  the  period  will  see,  by  narrow-minded 
and  inferior  men,  was — for  the  cruelty,  multitude,  and 
inutility  of  the  punishments  it  inflicted,  no  less  than  for 
the  caprice  and  brutality  with  which  it  was  abused  by 
the  lower  officers  of  justice,  and  the  bottomless  magazine 
of  absurdity  in  the  technical  forms,  rules,  and  language 
to  which  the  lawyers  clung  with  interested  tenacity — 
in  all  probability  the  worst,  for  its  effects  upon  the 
temper  and  morals  of  the  community,  in  civilized  Europe. 
....  It  is  difficult  to  find,  in  the  history  of  the  most 
despotic  countries  in  the  darkest  ages,  proofs  of  more 
stupid  and  revolting  injustice.  .  .  The  reader  of  the  state 
trials.  .  .  might  almost  imagine  that  he  is  reading  the 
narrative  of  Gregory  of  Tours,  or  the  history  of  some 
tribe  in  the  infancy  of  civilization."* 

The  planters  of  New  England  were  Englishmen,  not 
exempt  from  English  prejudices  in  favor  of  English 

*  Phillimore's  History  of  England  during  the  Reign  of  Geogre  III. 

pp.  47,  48,  50. 


INTRODUCTION.  15 

institutions,  laws,  and  usages.  They  were  Englishmen 
of  the  sixteenth  century,  not  social  scientists  and  law- 
reformers  of  the  nineteenth.  They  lived  half  a  do^en  gen- 
erations too  early  for  the  discovery  that  sanguinary  and 
excessive  punishments  multiply  offences.  They  had  not 
been  taught  to  question  the  wisdom  or  the  humanity  of 
English  criminal  law.  They  were  as  unconscious  of 
its  barbarism,  as  were  the  parliaments  which  had 
enacted  or  the  courts  which  dispensed  it.  That  some- 
what of  this  barbarism  appears  in  their  own  beginnings 
of  legislation  and  in  their  methods  of  punishment  is 
not  to  be  wondered  at. 

Nor  should  it  seem  more  strange,  that  their  laws 
manifest  intolerance  of  dissent  in  matters  of  religion. 
Most  of  them  were  born  and  nurtured  in  the  Church 
of  England,  and  that  church  certainly  had  been  at 
no  pains  to  teach,  by  precept  or  example,  the  excel- 
lence of  toleration.  Catholic  or  Protestant,  Calvinistic 
or  Arminian,  under  Henry  the  Eighth  or  Mary  the 
Bloody,  Elizabeth  or  James,  the  English  Church  held 
fast  at  least  one  article  of  faith — the  obligation  of  the 
State  to  repress  heresy,  to  punish  apostacy,  to  enforce 
conformity,  and  to  give  effect  to  ecclesiastical  censures 
by  penal  laws — by  fines,  imprisonment,  confiscation, 
banishment,  or  death.  "All  religious  communities" — 
says  Sir  James  Mackintosh,  with  reference  to  the 
Church  of  England  after  the  Reformation, — "were  at 
that  time  alike  intolerant;  and.  there  was,  perhaps,  no 
man  in  Europe  who  dared  to  think  that  the  State 
neither  possessed,  nor  could  delegate— nor  could  re- 
cognize as  inherent  in  another  body — any  authority 
over  religious  opinions." 

The  Act  of  Supremacy  of  1559  declared  the  queen  to 
be  "supreme  governor  of  the  realm  ....  as  well  in 
spiritual  and  ecclesiastical  things  or  causes,  as  in 
temporal;"  and  the  Act  of  Uniformity,  the  same  year, 
forbade  the  use  of  other  forms  of  prayer  than  those 
provided  in  the  Book  of  Common  Prayer,  under 
penalty  of  loss  of  goods  and  chattels  for  the  first 
offence,  a  yeaVs  imprisonment  for  the  second,  and 
imprisonment  for  life  for  the  third.  James  the  First, 
shortly  after  his  accession,  made  known  his  determi- 
nation to  "  have  one  doctrine  and  one  discipline,  one 


16  INTRODUCTION. 

religion  in  substance  and  in  ceremony,"  and  he  gave 
his  sanction  to  the  canons  adopted  by  the  Convocation 
of  1604,  by  which  excommunication — "a  precursory 
judgment  of  the  latter  day,"  as  Lord  Bacon  called  it, — 
was  added  to  the  other  penalties  for  nonconformity. 
"To  exercise  the  right  of  private  judgment,  so  far  as 
to  quit  the  Church  of  Rome,  which  had  governed 
Christendom  for  centuries,  was  the  duty  of  every 
Christian ;  but  to  exercise  it  so  far  as  to  differ  with 
the  Articles  put  out  not  one  hundred  years  before,  by 
a  Church  that  did  not  pretend  to  be  infallible  and 
teachers  that  laid  no  claim  to  inspiration,  was  a  crime 
to  be  punished,  in  some  instances  by  the  stake,  in  all 
others  by  confiscation,  by  the  lash  and  shears  of  the 
hangman,  and  by  the  pestilential  dungeon,  within  the 
walls  of  which  was  death."* 

The  colonists  of  New  England — call  them  fanatics, 
bigots,  persecutors,  or  what  you  will — did  no  more 
than  repeat,  in  their  new  home,  a  few  of  the  lessons 
they  had  been  taught  in  the  mother  country  and  by 
the  mother  church.  They  believed  it  to  be  the  duty  of 
civil  magistrates,  to  maintain  the  order  and  discipline 
of  the  churches  and  "the  liberty  and  purity  of  the 
gospel."  The  General  Court  of  Massachusetts  took 
counsel,  now  and  then, with  "the  neighboring  Elders" 
— just  as  Parliament  gave  ear  to  Convocation.  The 
Plymouth  pilgrims  who  had  lived  in  Holland  under 
the  ministry  of  John  Robinson  had  gained  some 
notion  of  religious  liberty  and  the  right  of  private 
judgment.  So  had  Thomas  Hooker,  the  father  of 
Connecticut,  and  some  of  those  who  came  with  him. 
But  in  England  of  the  reign  of  Elizabeth  or  James — 
under  the  primacy  of  Whitgift,  Bancroft,  or  Laud — 
how  should  a  nonconformist  learn  the  meaning  of 
toleration — except  as  he  may  have  heard  it  denounced 
as  the  sin  of  Gallio? 

The  writ  for  burning  a  heretic  (de  haretico  comburendo) 
on  the  judgment  of  an  ecclesiastical  tribunal,  was  not 
abolished  in  England  till  late  in  the  reign  of  Charles 
the  Second.  Elizabeth  caused  two  Dutch  baptists  to 
be  burned  at  Smithfield,  in  1575,  and  two  Socinians, 
sentenced  by  the  church  as  "obstinate,  contumacious 

•Phillimore's  Reign  of  George  III.,  p.  27. 


IXTRODUCTIOX.  17 

and  incorrigible  heretics,"  were  sent  to  the  stake  in 
1612,  by  James  the  First.  Two  Brownists  were  hung, 
in  1583,  tor  circulating  a  tract  in  which  the  queen's 
supremacy  in  the  church  was  denied;  John  Udal,  a 
nonconforming  minister,  died  in  prison,  under  sen- 
tence of  death,  in  1593,  for  having  written  a  book 
against  the  bishops;  and  the  same  year,  for  a  similar 
offence,  Greenwood  and  Penry,  ministers,  and  Barrow, 
a  lawyer,  suffered  death ;  several  of  the  Brownists  died 
in  prison,  and  hundreds  were  driven  into  exile.  As  for 
Puritans — "  I  will  make  them  conform,  or  I  will  harry 
them  out  of  the  land,  or  else  do  worse,"  said  King 
James;  and,  by  help  of  the  High  Commission  and  the 
Star  Chamber,  he  more  than  kept  his  word. 

With  what  fervid  zeal  "the  sweet  peace  of  the 
church"  was  in  those  days  guarded  against  dissent, 
we  get  a  notion  from  a  passage  in  one  of  the  letters  of 
honest  and  pious  James  Howell,  in  1635:  "I  rather 
pitty  than  hate  Turk  or  Infidell,"  he  wrote,  "for  they 
are  of  the  same  metall,  and  bear  the  same  stamp  as  I 
do,  tho'  the  inscriptions  differ:  If  I  hate  any,  'tis  those 
Schismatics  that  puzzle  the  sweet  peace  of  our  Church ; 
so  that  I  could  be  content  to  see  an  Anabaptist^  to  hell  on 
a  Brownist's  back." 

When  New  Haven  adopted  her  Code,  in  1656,  the  law 
of  England  imposed  a  fine  of  100  marks,  for  speaking  in 
derogation  of  the  Book  of  Common  Prayer,  and  for  the 
third  offence  the  penalty  was  imprisonment  for  life. 
Baptists  were  disqualified  to  make  wills  or  to  receive 
legacies,  and  were  exposed  to  corporal  punishment;  to 
deny  the  lawfulness  of  infant  baptism,  or  to  affirm  that 
such  baptism  was  void,  subjected  the  offender  to  imprison- 
ment ;  absence  from  the  parish  church,  a  single  Sunday, 
incurred  a  fine  of  one  shilling  only,  but  absence  for  a 
month  together  was  fined  ^£20 — which  was  about  twenty- 
fold  the  penalty  attached  to  the  same  offence  by  the  laws 
of  Connecticut  and  New  Haven. 

In  the  reign  of  Charles  the  Second — after  New  Haven 
was  included  in  the  Connecticut  charter — the  Act  of 
Elizabeth  for  the  "suppression  of  conventicles"  was 
revived,  and  with  increased  severity:  "recusants"  were 
punished  by  banishment,  and  in  case  of  return,  by  death, 
and  all  meetings  of  five  or  more  nonconformists,  under 


18  INTRODUCTION. 

color  or  pretence  of  religious  worship,  were  forbidden 
under  the  same  penalties.  In  1670,  this  law  was  re- 
enact'ed,  with  a  further  provision  which  imposed  a  heavy 
fine  on  every  person  present  at  any  religious  exercise  not 
in  accordance  with  the  liturgy  of  the  Church  of  England 
(Acts  of  16  and  22  Charles  II.) 

It  would  be  easy  to  fill  a  volume  with  "blue  laws" 
enacted  by  the  parliaments  of  Elizabeth,  James  the  First, 
and  Charles  the  First.  The  instances  that  have  been 
given  are  enough  to  show  whence  came  whatever  is  harsh 
or  repulsive  in  the  early  laws  and  judicial  proceedings 
of  New  England  and  by  what  lessons  the  puritan  colo- 
nists were  taught  intolerance. 

To  each  of  the  Capital  Laws  enacted  by  Massachusetts 
was  appended  a  reference  to  the  text  or  texts  of  scripture 
that  authorize  the  penalty  of  death.  The  other  colonies 
copied  these  laws  and  references,  without  much  alteration. 
Everyone  who  has  anything  to  say  about  the  "  Blue 
Laws  "  alludes  to  this  eccentricity  of  puritan  legislation, 
as  showing  the  judaizing  tendency  of  the  religion  of 
New  England.  To  modern  eyes,  the  citation  of  scriptu- 
ral authorities,  in  a  penal  code,  certainly  does  look 
odd.  The  Bible  is  about  the  last  book  to  which 
lawyers  or  legislatures  now-a-days  are  expected  to  look 
for  precedents.  But  Nathaniel  Ward,  who  drafted  the 
Massachusetts  Body  of  Liberties,  had  been  "  a  student 
and  practiser  in  the  courts  of  the  common  law  "  in  Eng- 
land, before  he  became  a  minister,  and  he  may  have  taken 
an  idea  from  Coke's  Institutes.  When  commenting  on 
the  infernal  penalty  attached  to  high  treason  by  the  law 
of  England,  Coke  was  careful  to  point  out  the  scriptural 
warrant  for  each  revolting  particular  of  the  execution. 
For  drawing  to  the  place  of  punishment,  he  cites  i  Kings, 
2.  28,  the  case  of  Joab ;  for  hanging,  that  of  Bigthan  and 
Teresh,  Esther  2.23;  for  emboweling,  that  of  Judas,  Acts, 
i.  18;  for  piercing  the  body  "while  he  was  yet  alive," 
that  of  Absalom,  2  Sam.,  18.  14;  for  beheading,  that  of 
Sheba,  2  Sam.,  20.  22;  for  quartering  and  hanging  up, 
that  of  Rechab  and  Baanah,  2  Sam.,  4.  n,  12 ;  finally,  for 
corruption  of  blood  and  forfeiture  of  estate,  David's  im- 
precation against  his  enemies,  in  Psalm  109,9 — Z3!* 
And  in  the  last  century,  Sir  William  Blackstone,  treating 
.  *  3  Institutes,  211. 


INTRODUCTION.  19 

of  those  unnatural  crimes  which  are  the  subject  of  the  6th 
and  7th  capital  laws  of  the  Connecticut  code,  observes 
that  their  punishment  is  "by  the  voice  of  nature  and 
of  reason,  and  the  express  command  of  God,  determined 
to  be  capital," — and  for  this  he  cites  in  a  note  *  the  same 
texts  (Levit.  20.  13,  15)  which  were  cited  by  Connecticut 
and  New  Haven.  So,  too,  when  writing  of  witchcraft 
and  its  penalty,  he  refers,  as  the  law-makers  of  New 
England  in  the  preceding  century  had  referred,  to  "  the 
express  law  of  God  "  in  "  Exodus,  22.  18." 

Something  may  be  said,  here,  about  this  law  against 
witchcraft,  which  to  many  readers  has  seeised  more 
deeply  tinged  with  "  blue  "  than  any  other  in  the  criminal 
codes  of  the  puritans.  "It  was  not  to  be  expected  of  the 
colonists  of  New  England  that  they  should  be  first  to  see 
through  a  delusion  which  befooled  the  whole  civilized 
world,  and  the  gravest  and  most  knowing  persons  in  it. 
Men  are  not  omniscient,  nor  is  it  common,  any  more  than 
just,  to  blame  them  for  not  being  so."  f  The  colonists 
of  New  England — in  Connecticut  and  New  Haven,  as 
well  as  in  Massachusetts, — "like  all  other  Christian 
people  at  that  time, — at  least,  with  extremely  rare  individ- 
ual exceptions, — believed  in  the  reality  of  a  hideous 
crime  called  witchcraft  "  \  Herein,  if  in  nothing  else, 
they  remained  in  conformity  with  the  Church  of  England. 
To  go  back  to  the  reign  of  Elizabeth,  we  find  good 
Bishop  Jewel  writing,  in  1559,  to  his  friend  Peter  Martyr: 
"  The  number  of  witches  and  sorceresses  has  everywhere 
become  enormous."  The  same  year,  when  preaching 
before  the  Queen,  he  called  attention  to  the  fact  "that 
this  kind  of  people,  within  these  last  few  years  are 
marvellously  increased  "  in  England  :  and  humbly  peti- 
tioned, in  behalf  of  her  majesty's  poor  subjects,  "  that  the 
laws  touching  such  malefactors  may  be  put  in  due  execu- 
tion." Accordingly,  at  the  next  session  of  parliament  a 
bill  was  passed  declaring  enchantment  and  witchcraft  to 
be  felony.  §  In  the  visitation  of  parishes,  the  commission- 
ers were  enjoined  to  inquire  respecting  such  as  used 
charms,  sorcery,  witchcraft,  "  and  any  like  craft,  invented 
by  the  devil." ' 

*  4  Commentaries,  216. 

f  Palfrey,  History  of  New  England,  IV.  127.         \  Ibid.,  96. 
§  Jewel's  Works  (Parker  Society),  pt.   2,  p.  1028  ;  and  Strype's 
Annals,  I.  i.  88. 


20  INTRODUCTION. 

A  good  many  witches  were  convicted  in  Elizabeth's 
reign.  Three  were  hanged  at  Warbois  in  Huntingdon- 
shire, in  1593,  and  their  property — forfeited  by  con- 
viction of  felony — was  used  to  provide  for  the  delivery 
of  an  annual  sermon  on  witchcraft,  by  some  Cambridge 
doctor  or  bachelor  of  divinity.  This  sermon  was  preached 
yearly  till  1718,  and  perhaps  later.  *  It  seems  to  have 
borne  some  fruits,  for  zeal  against  witchcraft  was  kept 
burning  in  that  neighborhood,  after  it  had  cooled  in  other 
parts  of  England.  In  1716,  a  woman  and  her  daughter, 
nine  year s  old,  were  hanged  in  Huntingdon  for  selling  their 
souls  to  the  devil,  and  raising  a  storm  by  pulling  off  their 
stockings! 

The  act  of  1562  was  superseded,  in  the  first  year  of 
James  the  First's  reign,  by  another,  more  severe,  making 
witchcraft  punishable  with  death,  and  without  benefit  of 
clergy. 

The  king,  who  had  acquired  in  Scotland  a  taste  for 
witch-hunting,  did  not  suffer  this  law  to  become  a  dead 
letter.  He  was  as  zealous  for  the  suppression  of  witch- 
craft and  sorcery  as  for  the  enforcement  of  conformity. 
He  had  devised  new  tortures  f  to  extract  confessions  from 
the  accused;  and  he  had  published  a  learned  and  con- 
vincing treatise  on  the  Doctrine  of  Devils,  which  all  loyal 
subjects  and  aspiring  courtiers  took  care  to  read  and 
admire.  That  the  witchcraft  delusion  soon  became 
epidemic  throughout  England,  was  a  natural  conse- 
quence. Seven  or  eight  years  before  the  sailing  of  the 

*  Hutchinson's  Hist.  Essay  on  Witchcraft,  p.  130. 

\  Before  leaving  Scotland,  James  assisted  in  the  execution  of 
several '  warlocks '  and  witches.  One  of  them,  on  his  second  exam- 
ination, retracted  the  confession  forced  from  him  by  the  horrible 
torture  of  the  iron  boot,  on  his  first  :  "whereupon  the  King's 
Majestic,  perceiving  his  stubborn  wilfulnesse,"  suggested  a  remedy. 
The  finger-nails  of  the  accused  "  were  riven  and  pulled  with  an 
instrument  called  a  turkas  fa  smith's  pincers]  :  and  under  every  nail 
there  was  thrust  in  two  needles  even  up  to  the  heads."  Still  refusing 
to  confess,  "  he  was  then  with  all  convenient  speed,  by  commandment, 
conveyed  again  to  the  torment  of  the  boots,  where  he  continued  a 
long  time,  and  abode  so  many  blows  in  them  that  his  legs  were 
crushed  and  beaten  together  as  small  as  might  be,  and  the  bones  and 
flesh  so  bruised,  that  the  blood  and  marrow  spouted  forth  in  great 
abundance,  whereby  they  were  made  unserviceable  for  ever."  He 
had  little  use  for  them — for  the  confession  being  somehow  obtained, 
he  was  condemned,  strangled,  and  burnt. — Pitcairn's  Criminal 
Trials,  i.  213,  and  after. 


INTRODUCTION.  21 

Mayflower,  twelve  persons  were  condemned  at  one 
time,  in  Lancaster,  and  as  many  more  the  next  year. 
Two  were  hanged  at  Lincoln,  in  1618.  The  wonder  is 
that  the  Puritans  did  not  bring  the  mania  with  them  to 
New  England  at  their  first  coming.  It  did  not  appear 
here  till  nearly  1650,  and  then  only  in  sporadic  cases. 
In  Great  Britain,  it  prevailed,  with  occasional  intermis- 
sions, for  neary  a  century.  The  last  execution  under  the 
act  of  James  the  First  was  in  1722,  when  an  old  woman 
was  burned  at  the  stake,  in  the  north  of  Scotland,  but  the 
law  was  not  repealed  till  1735  :  and  so  late  as  1759,  an  old 
woman,  accused  of  bewitching  her  neighbor's  spinning- 
wheel,  was  tried  by  a  self-appointed  jury,  and  stripped 
'to  her  shift  to  be  weighed,  in  the  church,  against  the 
parish  Bible.  Fortunately  she  ^/weighed  it,  and  was 
acquitted  by  the  populace.  * 

The  delusion  was  at  its  height  in  England  at  the  time 
when  Connecticut  was  framing  her  criminal  code. 
Seventeen  persons  had  been  convicted  of  witchcraft  in 
Lancashire  in  1634,  sixteen  were  condemned  at  Yarmouth 
in  1644,  fifteen  at  Chelmsford  (Thomas  Hooker's  old 
home)  in  Essex,  in  1645;  nearly  sixty  in  Suffolk,  and  as 
many  in  Huntingdonshire,  in  1645  and  1646.  "During 
the  whole  of  James's  reign,  amid  the  civil  wars  of  his 
successor,  the  sway  of  the  Long  Parliament,  the  usurpation 
of  Cromwell,  and  the  reign  of  Charles  II.,  there  was  no 
abatement  of  the  persecution."  f 

The  Church  manifested  as  little  doubt  of  the  reality  of 
the  crime  or  of  the  sufficiency  of  the  evidence  on  which 
the  accused  were  convicted,  as  did  the  courts,  the  jurors, 
and  the  mass  of  the  people  of  England.  The  act  of  1562 
seems  to  have  been  passed,  as  was  before  mentioned,  at 
the  instance  of  Bishop  Jewel.  Twelve  bishops  were  in  the 
committee  by  which  the  act  of  James  I. — which  Coke  and 
Bacon  assisted  to  prepare— *-was  discussed  in  the  House 
of  Lords.  Dr.  Francis  (afterwards  Bishop)  Hutchinson 
intimates  J  that  the  divines  who  made  the  authorized 
version  of  the  Bible  introduced  in  it  "some  phrases  that 
favor  the  vulgar  notions"  of  witchcraft,  familiar  spirits, 
etc.,  at  the  particular  desire  of  King  James,  out  of  "  the 

*  Annual  Register,  1759,  p.  73- 

•f-  Mackay's  Memoirs  of  Popular  Delusions,  ii.  141. 

\  Hutchinson's  Historical  Essay  on  Witchcraft,  p.  225. 


22  INTRODUCTION. 

great  reverence  they  had  to  the  King's  judgment."  The 
learned  and  eminent  Dr.  Henry  More  (who  was  a  pre- 
bendary of  Gloucester,  and_  declined  a  bishopric)  was  a 
firm  believer  in  witchcraft  and  the  power  of  raising  evil 
spirits.  The  third  book  of  his  "Antidote  to  Atheism," 
published  after  the  restoration  of  Charles  the  Second, 
abounds  in  marvels,  some  of  which  are  unsurpassed,  as, 
tests  of  credulity,  by  any  in  Mather's  Magnalia.  Bishop 
Hall,  in  his  treatise  on  "  The  Invisible  World,"  proclaimed 
his  belief  in  "  the  assumed  shapes  of  Evil  Spirits." 
Dr.  Thomas  Fuller,  in  his  "  Holy  and  Profane  State," 
maintains  that  "  there  are  witches  in  the  present  "  as  in 
the  past,  and  that  some  of  them  "indent  downright  with 
the  devil."  Sir  Thomas  Brown,  who  wrote  on  "Vulgar 
Errors,"  did  not  reckon  the  belief  in  witchcraft  as  one 
of  them.  "  For  my  part,"  he  said,*  "  I  have  ever  believed, 
and  do  now  know,  that  there  are  witches  ":  and  when  two 
women  were  prosecuted  for  this  crime,  in  1664,  his  testi- 
mony had  no  small  influence  in  procuring  their  conviction. 
It  was  on  this  trial  that  Sir  Matthew  Hale,  in  his  charge 
to  the  jury,  told  them,  "  he  did  not  in  the  least  doubt 
there  were  witches ;  first,  because  the  Scriptures  affirmed 
it;  secondly,  because  the  wisdom  of  all  nations,  particu- 
larly our  own,  had  provided  laws  against  witchcraft,  which 
implied  their  belief  of  such  a  crime."  No  book  published 
after  the  restoration  of  Charles  the  Second  was  more 
influential  in  reviving  the  waning  belief  in  witchcraft, 
none  supplied  the  magistrates  at  Salem  with  so  many 
authoritative  precedents,  on  none  did  the  Mathers  draw 
more  largely  for  "  wonders  of  the  invisible  world,"  than 
the  "  Sadducismus  Triumphatus "  of  the  Rev.  Joseph 
Glanvil — a  fellow  of  the  Royal  Society,  one  of  the 
chaplains  of  Charles  II.,  rector  of  the  Abbey  Church  at 
Bath,  and  subsequently  a  prebendary  of  Worcester. 

At  one  of  the  last  witch-trials  in  England — that  of 
Jane  Wenham,  in  Hertfordshire,  in  1711,  before  Sir 
John  Powell  (afterwards  Chief  Justice), — two  clergy- 
men of  the  Church  of  England  were  witnesses  against 
the  accused,  and  testified  to  the  efficacy  of  the  Book  of 
Common  Prayer,  in  exorcism  of  the  bewitched;  and  a 
third,  the  Rev.  Francis  Bragge,  displayed  great  zeal  in 
the  prosecution  and  published  "  a  defence  of  the  pro- 

*  Religio  Medici,  §  30. 


INTRODUCTION.  23 

ceedings,  wherein  the  possibility  and  reality  of  Witch- 
craft are  demonstrated,"  &c.  The  accused  was  found 
guilty,  upon  the  evidence.  "  Do  you  mean,"  asked 
Judge  Powell,  "that  you  find  her  guilty  upon  the 
indictment  for  conversing  with  the  Devil  in  the  shape  of 
a  cat?"  "We  find  her  guilty  of  t/iat"  replied  the 
foreman;  and  the  poor  creature  was  sentenced  to 
death :  but,  on  the  recommendation  of  the  Judge,  she 
received  a  pardon.  Mr.  Bragge  averred  that  she  was 
sustained  by  the  dissenters,  and  that  she  had  received 
contributions  while  in  prison  from  their  party.  "  We 
are  willing  to  part  with  her,"  he  added,  "  and  wish  the 
Fanaticks  much  joy  of  their  new  convert:"  but  he 
deplored  "the  proneness  of  the  age  to  Sadducism  and 
Infidelity."  * 

These  instances,  which  might  be  multiplied  a  hun- 
dredfold, are  mentioned,  not  as  proofs  that  the  Church 
of  England  was  mainly  responsible  for  the  witchcraft 
delusion  and  the  thousands  of  lives  sacrificed  to  it  in 
Great  Britain,  but  to  counteract  the  impression  which 
a  certain  class  of  writers  have  been  at  some  pains  to 
produce — that  the  delusion  was  confined  chiefly  to 
puritans  and  dissenters,  and  was  to  be  regarded  as  in 
some  sort  a  result  of  "schism."  The  truth  is,  that  it 
pervaded  the  whole  Christian  church.  The  law-makers 
and  the  ministers  of  New  England  were  under  its 
influences  just  as — and  no  more  than — were  the  law- 
makers and  the  ministers  of  Old  England.  The 
learned  and  excellent  divines  and  staunch  churchmen 
whose  names  I  have  mentioned  above,  were  not,  in  this 
matter,  in  advance  of  their  age.  "  We  clergymen," 
said  Bishop  Hutchinson,  in  1717,  "are  not  thought  to 
have  kept  our  order  altogether  free  from  blame  in  this 
matter.  .  .  .  Yet,  in  the  main,  I  believe  our  Church 
and  its  clergy  have  as  little  to  answer  for  in  this 
respect  as  any."  f  As  much  may  be  said,  and  with 
equal  truth,  for  the  churches  of  New  England;  and 
emphatically,  for  Connecticut. 

"The  infatuation  never  extended  to  the  less  gloomy 
people  of  Rhode  Island,"  says  the  historian  of  that 

*  Preface  to  Witchcraft  Further  Displayed,  1712. 
\  Hist.  Essay  concerning  Witchcraft :  in  Dedication. 


%±  INTRODUCTION. 

colony :  "  the  offence  appears  on  the  statute  book  *  but 
no  prosecutions  were  ever  had  under  it.  ...  More 
important  matters  to  them  than  the  bedevilment  of 
their  neighbors  engrossed  their  whole  attention. "f 
Distracted  by  faction — barely  able  to  maintain  the 
semblance  of  civil  order — there  was  reason  enough 
why  Rhode  Island  should  not  look  beyond  her  borders 
for  "bedevilment."  When  New  Haven  was  framing 
her  code  of  law,  the  general  court  at  Providence  was 
striving  to  keep  the  peace  between  its  members  by 
passing  an  Act  to  punish  by  fine  or  whipping  "any 
man  who  should  strike  another  person  in  the  Court" \ 
"Torn  and  rent  by  divisions,"  it  was  some  compensa- 
tion for  her  troubles,  that  her  magistrates — whether 
through  lack  of  disposition  or  of  authority  to  enforce 
the  laws — instituted  no  prosecutions  for  witchcraft, 
and  gave  themselves  or  the  colony  no  trouble  on 
account  of  "familiarity  with  the  devil." 

Just  when  or  by  whom  the  acts  and  proceedings  of 
New  Haven  colony  were  first  stigmatized  as  Blue  Laws, 
cannot  now  be  ascertained.  The  presumption,  however, 
is  strong  that  the  name  had  its  origin  in  New  York, 
and  that  it  gained  currency  in  Connecticut,  among 
episcopalian  and  other  dissenters  from  the  established 
church,  between  1720  and  1750. 

Several  causes  contributed  to  bring  Connecticut  into 
disfavor  with  her  western  neighbors.  In  the  first 
place,  she  had  defeated  every  project  for  the  abrogation 
of  her  charter  and  for  annexing  her  to  the  province  of 
New  York  under  a  governor  commissioned  by  the 
crown.  Andros  and  Dongan  had  believed  that  it 
would  be  "impossible  for  the  government  of  New 
York  to  subsist  without  the  addition  of  Connecticut." 
Fletcher,  and  Cornbury,  and  Hunter,  all  turned  long- 
ing eyes  to  the  little  colony  on  the  east.  They  saw 
not  much  promise  for  the  future  in  the  condition  of 
affairs  at  home.  They  sneered  at  the  set  ways  of 

*In  the  Laws  of  1647:  "  Witchcraft  is  forbidden  by  this  present 
Assembly  to  be  used  in  this  Colonie  ;  and  the  Penaltie  imposed  bv 
the  Atithoiitie  that  we  are  subject  to  [i.  e.  the  law  of  England]  is 
Felonie  of  Death.  I  Jac.  12." — R.  I.  Col.  Records^  i.  166. 

•(•Arnold's  History  of  Rhode  Island,  i,  525. 

\  R.  Island  Colonial  Records,  i.  321. 


INTRODUCTION.  25 

puritanism  and  its  intolerance  of  dissent,  but  they 
were  not  insensible  to  the  advantages  New  England 
had  gained  by  maintaining  a  higher  standard  of  morals 
and  a  more  general  regard  for  at  least  the  externals  of 
religion.  Governor  Dongan,  when  questioned  by  the 
Board  of  Trade,  in  1687,  as  to  the  "religious  persua- 
sions" of  the  people  of  New  York,  replied:  "New 
York  has,  first,  a  chaplain  belonging  to  the  Fort,  of  the 
Church  of  England;  secondly,  a  Dutch  Calvinist; 
thirdly,  a  French  Calvinist;  fourthly,  a  Dutch  Luth- 
eran. Here  be  not  many  of  the  Church  of  England, 
few  Roman  Catholics,  abundance  of  Quakers'  preachers 
men,  and  women  especially,  singing  Quakers,  ranting 
Quakers,  Sabbatarians,  Anti-sabbatanans,  some  Ana- 
baptists, some  Independents,  some  Jews;  in  short,  of 
all  sorts  of  opinions  there  are  some,  and  the  most  part  of 
none  at  all."*  Colonel  Heathcote — a  member  of  the 
Provincial  Council,  and  for  three  years  mayor  of  New 
York, — in  a  letter  to  the  Society  for  the  Propagation 
of  the  Gospel,  written  in  1704,  says,  f  that  at  his  first 
coming  to  the  Province  in  1692:  "I  found  it  the  most 
rude  and  heathenish  country  I  ever  saw  in  my  whole 
life,  which  called  themselves  Christians,  there  being 
not  so  much  as  the  least  marks  or  footsteps  of  religion 
of  any  sort."  Matters  had  not  much  improved  in 
1711,  when  Lewis  Morris,  chief-justice  of  the  province, 
wrote  to  the  same  Society:  "Nine  parts  in  ten  of 
ours  will  add  no  great  credit  to  whatsoever  church 
they  are  of;  nor  can  it  well  be  expected  otherwise: 
for  as  New  England — excepting  some  families — was 
the  scum  of  the  old,  so  the  greatest  part  of  the  English  in 
this  Province  was  the  scum  of  the  New,  who  brought  as 
many  opinions  almost  as  persons,  but  neither  religion 
or  virtue,  and  have  acquired  a  very  little  si  nee."  J  Mr. 
Muirson,  the  Society's  missionary  in  1708,  §  was  sad- 
dened at  the  hopelessness  of  Christianizing  the  Indians 
of  New  York,  so  long  as  the  English  "give  them  such 
a  bad  example,  and  fill  their  mouths  with  such  objec- 
tions against  our  blessed  religion  : "  and  the  "  dissenters, 
both  in  this  and  in  the  neighboring  colony  "  [Connect- 
icut], say,  "  that  many  of  the  members  of  the  Church 

*  Doc.  History  of  New  York,  i.  116. 

t  Humphrey's  Historical  Account,  p.  33. 

\  Doc.  Hist,  of  N.  York,  iii.  152.         §  Ibid.  566. 


26  INTRODUCTION. 

of  England  are  irregular  in  their  lives,  and  therefore 
they  ought  not,  and  will  not  join  it."* 

That  New  England — and  especially  that  portion  of 
New  England  which  was  best  known  to  New  York — 
should  not  be  regarded  with  much  favor  in  such  a 
community  as  is  here  described,  is  not  surprising.  To 
the  lawless  all  laws  are  '  blue,'  to  the  vicious  all 
moral  restraints  are  '  puritanic,'  to  the  men  who  "  are 
of  no  religion  at  all,"  any  profession  of  religious 
obligation  is  hypocrisy  or  superstition. 

There  were  other  considerations  which,  at  the  period 
referred  to,  provoked  hostility  to  Connecticut  laws  and 
institutions,  and  there  were  special  reasons  why  this 
hostility  was,  after  a  while,  particularly  directed  toward 
New  Haven. 

In  1701 — the  year  in  which  Yale  College  was  incor- 
porated "  for  upholding  and  propagating  of  the  Chris- 
tian protestant  religion,  by  a  succession  of  learned  and 
orthodox  men" — the  Society  for  the  Propagation  of 
the  Gospel  in  Foreign  Parts  was  organized  in  England, 
and  immediately  began  its  work  for  the  establishment 
of  the  episcopal  church  in  the  colonies.  In  New  York 
and  other  provinces  dependent  on  the  crown,  the 
Society's  missionaries  found  no  great  hindrance  to 
their  work.  In  Connecticut,  they  were  less  cordially 
welcomed.  "They  tell  our  people,"  wrote  the  Rev. 
George  Muirson,  to  the  Society,  in  1708,  "that  they 
will  not  suffer  the  house  of  God  to  be  defiled  with  idol- 
atrous worship  and  superstitious  ceremonies.  They 
are  so  bold  that  they  spare  not  openly  to  speak 
reproachfully  and  with  great  contempt  of  our  church." 
Good  Mr.  Beach — the  Society's  missionary  at  New- 
town — complained  that  this  contempt  for  "the  Church" 
was  manifested  even  by  the  Indians  of  Connecticut. 
When  he  made  an  attempt  to  instruct  those  who  lived 
about  Newtown,  "after  a  short  time"  (he  writes),"! 
found  that  I  laboured  in  vain,  and  they  refused  to  hear 
anything  about  religion  from  me,  and,  to  shew  how 
much  they  defied  the  thoughts  of  the  Church  of 
England,  they  would  call  me  Churchman!  Churchman! 
out  of  contempt — which  they  had  learned  from  the 
neighbouring  Dissenters."  Connecticut  had  an  estab- 

*  Beach's  Second  Address  (Boston,  1751),  p.  70. 


INTRODUCTION.  27 

lished  church  of  her  own,  and  was  somewhat  jealous 
of  its  privileges.  Col.  Heathcote,  in  a  report  made 
to  the  Society,  in  1705,  says:  "  For  Connecticut,  I  am 
and  have  been  pretty  conversant,  and  always  was  as 
much  in  their  good  graces  as  any  man :  "  as  to  "  the 
best  and  most  probable  way  of  doing  good  among 
them — there  is  nothing  more  certain  than  that  it  is  the 
most  difficult  task  the  Society  have  to  wade  through.  .  .  . 
They  have  abundance  of  odd  kinds  of  Laws  to  prevent 
any  dissenting  from  their  church,"  etc.  *  For  such 
"odd  kinds  of  laws,"  blue  was  a  convenient  epithet; 
and  not  for  these  only,  but  for  whatever  else  in  colo- 
nial laws  and  proceedings  looked  over-strict,  or  queer, 
or  'puritanic.' 

Early  in  the  episcopal  controversy  in  New  England, 
the  religion  of  the  "dissenters"  was  ridiculed  as 
"true  blue."  John  Checkley,  of  Boston,  was  prosecu- 
ted and  fined,  in  1724,  for  publishing,  under  the  title  of 
"  A  Discourse  concerning  Episcopacy,"  a  virulent 
attack  on  the  churches  of  Massachusetts,  which  the 
court  held  to  be  "a  false  and  scandalous  libel."  In 
1738,  the  book  was  reprinted  for  Checkley,  in  London, 
with  the  addition  of  his  Plea  to  the  court  and  his 
sentence;  and,  on  a  single  page,  was  given  "A  Speci- 
men of  a  True  Dissenting  Catechism,  upon  Right 
TRUE-BLUE  Dissenting  Principles,"  followed  by  the 
lines, 

"  They're  so  perverse  and  opposite 
As  if  they  worship'd  God  for  Spite.' " 

This  couplet,  taken  from  Butler's  description  of  the 
religion  of  Hudibras  (which  was  "  presbyterian  true- 
blue"}  shows  where  Checkley  found  the  epithet.  \  His 
book,  it  appears,  continued  to  be  very  "  industriously 
handed  about,"  among  the  episcopalians  in  western 

*  Doc.  History  of  New  York,  iii.  80. 

\  Rev.  Sam.  Peters,  also,  made  this  couplet  serviceable.  Describ- 
ing "  the  grand  meeting-house  "  in  Norwich,  Conn.,  of  which  "  the 
•tp^p'a  stands  at  the  east  end,"  he  said  :  "  The  following  couplet 
was  written  by  a  traveller,  on  the  steeple  : 

'  They're  so  perverse  and  opposite, 
As  if  they  built  to  God  in  spite." 

Hist,  of  Connecticut,  p.  140. 


28  INTRODUCTION. 

Connecticut,  twenty  years  after  its  publication,*  and 
doubtless  helped  to  give  the  epithet  currency. 

Colonel  Caleb  Heathcote,  before  mentioned,  who 
was  a  member  of  the  Society  for  the  Propagation  of 
the  Gospel  and  directed  its  work  in  New  York  and  the 
neighboring  colonies,  lived  at  Wes-tchester,  on  the 
western-  border  of  Connecticut.  It  was  from  this 
quarter,  and  with  his  introduction,  that  the  first 
missionaries  of  the  Society  were  brought  into  the 
Colony.  "In  those  days"  (as  Mr.  Wm.  L.  Kingsley 
remarks),!  "when  all  traveling  was  attended  with 
every  kind  of  difficulty,  New  Haven — which  was  the 
nearest  town  of  importance  and  the  one  with  which 
the  English  at  New  York  had  most  to  do — was  to  them 
practically  '  New  England.'  It  was  the  part  of  New 
England  about  which  they  knew  the  most,  and  that 
part  of  it  which  they  pictured  to  themselves  whenever 
'New  England'  was  spoken  of."  Another  circum- 
stance contributed  to  draw  attention  to  New  Haven,  as 
the  strong-hold  of  'puritanism'  and  dissent.  "A 
thing  which  they  call  a  college,  wherein  a  commencement 
was  made  some  three  or  four  months  ago  " — as  Col. 
Heathcote  informed  the  Society,  in  November,  1705,  J 
— was  permanently  established  at  New  Haven,  in  1716. 
[Six  years  after,  when  the  Rev.  Timothy  Cutler,  was 
won  to  episcopacy,  the  fact  that  he  was  "  President  of 
Yale  College  in  New  England,  a  station  of  credit  and 
profit," §  added  a  laurel  to  the  triumph.]  The  Rev.  Dr. 
Samuel  Johnson,  a  missionary  of  the  Society,  formerly 
a  tutor  in  Yale,  felt  it  necessary  to  apologize  to  his 
employers  for  sending  his  son  to  New  Haven  :  "  It  is 
indeed  a  great  mortification  to  me  and  to  him,"  wrote 
Mr.  Johnson,  "that  lam  obliged  to  send  him  to  a 
dissenting  college,  or  deny  him  any  public  education 
at  all,  and  rather  than  deny  any  collegiate  education,  I 
confess  I  do  not  deny  him  going  to  meeting,  when  he  can't 
help  it."  ||  It  is  a  comfort  to  know  that  the  young  man 

*  Rev.  Dr.  Noah  Welles,  in  Dedication  of  a  Sermon  preached  at 
Stamford,  April  10,  1763,  page  iii.,  note. 

f  In  a  valuable  paper  on  the  "Blue  Laws,"  in  The  j.Vici-  Eng- 
lander,  for  April,  1871. 

\  Doc.  History  of  New  York,  iii.,  80. 

SHumphreys,  Historical  Account,  33*. 

I  Hawkins,  Hist.  Notices  of  the  Missions  of  the  Church  of  England. 


INTRODUCTION.  29 

was  not  quite  ruined.  William  Samuel  Johnson  is  not 
the  least  among  the  magnates  of  Yale. 

There  was  another  reason — and  it  is  perhaps  the  prin- 
cipal one — for  visiting  upon  New  Haven  the  authorship 
of  all  the  "  odd  kinds  of  laws  "  which  New  York  found 
objectionable.  In  the  colony  of  New  Haven,  before  the 
union  with  Connecticut,  the  privileges  of  voting  and  of 
holding  civil  office  were,  by  the  "  fundamental  agree- 
ment," restricted  to  church-members.  This  peculiarity 
of  her  constitution  was  enough  to  give  color  to  the  assertion 
that  her  legislation  was,  pre-eminently,  blue.  That  her 
old  record-book  contained  a  code  of  "blue  laws"  which 
were  discreditable  to  puritanism  and  which  testified  to 
the  danger  of  schism — became,  among  certain  classes,  an 
assured  belief.  To  this  imaginary  code  wit  and  malice 
made  large  additions,  sometimes  by  pure  invention, 
sometimes  by  borrowing  absurd  or  arbitrary  laws  from 
the  records  of  other  colonies.  And  so  the  myth  grew — 
till  the  last  vestige  of  truth  was  lost  in  fable. 

The  earliest  mention  of  the  "  New  Haven  Blue  Laws  " 
that  I  remember  to  have  seen  in  print,  is  in  a  satirical 
pamphlet  published  in  1762,  entitled:  "The  Real  Advan- 
tages which  Ministers  and  People  may  enjoy,  especially 
in  the  Colonies,  by  conforming  to  the  Church  of  England," 
etc.  The  anonymous  author  (probably  the  Rev.  Noah 
Welles,  D.  D.  of  Stamford,  a  zealous  opponent  of  episco- 
pacy,) addressing  a  young  friend  who  had  some  thoughts 
of  conforming,  tells  him  that  "  it  is  a  principal  advantage 
of  the  Church  of  England,  that  the  religion  which  is 
generally  practised  by  her  members  is  perfectly  agreeable 
to  polite  gentlemen  ;  whereas  no  gentleman  can  belong  to 
other  persuasions  without  meeting  with  a  great  deal  of 
uneasiness  from  their  doctrines,  but  more  especially  from 
their  discipline  "  (p.  6)  : 

"  You  have  doubtless  often  observed,  that  the  dissenters  in  New 
England  have  such  a  discipline  among  them  as  is  very  shocking  to 
many  fine  gentlemen,  and  ladies  too.  If  a  gentleman  drinks  a  little 
freely,  or  happens  to  love  a  pretty  girl  somewhat  too  warmly,  nothing 
will  content  these  rigid  bigots,  but  they  must  stand  on  the  stool  of 
repentance,  or  in  the  broad-alley,  and  make  a  long  whining  confession. 
Now  you  know  that  this  rigorous  discipline  is  chiefly  levelled  and 
contrived  to  pester  and  afflict  polite  gentlemen,  to  whom  women  and 
wine  are  far  from  being  disagreeable,  now  and  then.  Indeed  I  have 
heard  that  some  of  them  begin  to  be  ashamed  of  their  blue  laws  at 
New  Haven,  yet  they  still  retain  so  many  penances,  confessions,  and 


30  INTRODUCTION. 

satisfactions,  as  are  extremely  disagreeable  to  every  fashionable 
gentleman  "  (p.  29). 

From  the  manner  in  which  this  allusion  is  introduced 
it  is  evident  that  reproach  of  New  Haven  for  her  "blue 
laws"  was  already  a  familiar  weapon  of  religious  contro- 
versy. A  few  years  later — in  1767 — William  Smith,  Chief- 
Justice  of  New  York,  had  the  curiosity  to  inspect  "  the 
first  records  of  the  colony  of  New  Haven,  vulgarly  called 
the  Blue  Laws."  In  the  continuation  of  his  History  of 
New  York,  he  gives  (p.  93)  the  result  of  his  examination  : 

"  A  note  ought  not  to  be  supressed  concerning  these  records,  to 
correct  a  voice  of  misplaced  ridicule.  Few  there  are,  who  speak  of 
the  Blue  Laws,  (a  title,  of  the  origin  of  which  the  author  was  igno- 
rant,) who  do  not  imagine  they  form  a  code  of  rules  for  future 
conduct,  drawn  np  by  an  enthusiastic,  precise  set  of  religionists  ;  and 
if  the  inventions  of  wits,  humorists,  and  buffoons  were  to  be  credited, 
they  must  consist  of  many  volumes.  The  author  had  the  curiosity 
to  resort  to  them,  when  the  Commissaries  met  at  New  Haven,  for 
adjusting  a  partition  line  between  New  York  and  the  Massachusetts, 
in  1767  ;  and  a  parchment-covered  book  of  demi-royal  paper  was 
handed  to  him  for  the  laws  asked  for,  as  the  only  volume  in  the 
office  passing  under  this  odd  title.  [It  is  not  likely  that  there  was, 
at  this  time,  a  copy  of  the  printed  "  Laws  for  Government,"  of  1656, 
in  the  office  at  New  Haven,  or  that  its  contents  were  known  to 
those  who  talked  of  "  Blue  laws."]  It  contains  the  memorials  of  the 
first  establishment  of  the  colony,  which  consisted  of  persons  who 
had  wandered  beyond  the  limits  of  the  old  charter  of  the  Massachu- 
setts Bay,  and  who,  as  yet  unauthorized  by  the  crown  to  set  up  any 
civil  government  in  due  form  of  law,  resolved  to  conduct  themselves 
by  the  Bible.  As  a  necessary  consequence,  the  judges  they  chose 
took  up  an  authority  similar  to  that  which  every  religious  man 
exercises  over  his  own  children  and  domestics.  Hence  their  atten- 
tion to  the  morals  of  the  people,  in  instances  with  which  the  civil 
magistrate  can  never  intermeddle  under  a  regular  well-policied 
institution  ;  because,  to  preserve  liberty,  they  are  cognizable  only 

by  parental  authority So  far  is  the  common  idea  of  the  blue 

laws  being  a  collection  of  rules  from  being  true,  that  they  are  only 
records  of  convictions,  consonant,  in  the  judgment  of  the  magistrates, 
to  the  word  of  God,  and  dictates  of  reason." 

Chief-Justice  Smith,  was  educated  at  Yale  College. 
So  was  his  father,  Judge  William  Smith,  who  for  many 
years  enjoyed  the  distinction  of  being  one  of  the  two  men 
(Judge  James  Delancey  was  the  other)  in  the  province 
of  New  York  who  had  received  a  liberal  education.  The 
"  Blue  Law  "  story  probably  came  to  the  Chief-Justice  by 
inheritance,  and — like  his  fellow  citizens  of  New  York, 
generally, — he  never  questioned  its  truth,  till  his  visit  to 
New  Haven  twenty-two  years  after  his  graduation. 

Occasional  allusions  to  the  "  Blue  Laws  "  are  found  in 


INTRODUCTION.  31 

newspapers  and  pamphlets  printed  before  the  Revolution, 
but  no  specimens  of  the  laws  so  stigmatised  seem  to  have 
been  published  before  1781,  when  "a  sketch  of  some  of 
them  "  was  given  to  the  world  by  the 

REV.  SAMUEL  PETERS, 

in  "A  General  History  of  Connecticut,  from  its  First 
Settlement  under  George  Fenwick,  Esq.,"  etc. :  "  By  a 
Gentleman  of  the  Province :  "  printed  in  London,  "  for  the 
Author." 

Five  or  six  years  before  this  "  History  "  was  fabricated, 
its  author  was  the  subject  of  a  one-line  sketch  in  Me  Fin- 
gal', 

"  Our  fag-end  man,  poor  Parson  Peters," 

As  the  sole  authority  for  the  only  "  New  Haven  Blue 
Laws"  that  are  now  popularly  known  by  the  name,  he 
and  his  book  are  entitled  here  to  a  larger  notice. 

The  late  Professor  J.  L.  Kingsley,  in  the  notes  to  his 
Historical  Discourse  at  New  Haven  (1838),  was  at  the 
pains  of  pointing  out  ''  a  few  of  the  errors  " — as  he  chari- 
tably named  them — of  "the  work  which,  more  than  any 
other,  has  given  currency  to  various  misrepresentations 
respecting  the  New  Haven  colony:  "  and  in  this  connec- 
tion, he  quoted  a  remark  made  by  the  the  Rev.  Dr. 
Trumbull,  the  historian,  who  was  a  townsman  of  Peters 
and  had  known  him  from  childhood, — that,  "of  all  men 
with  whom  he  had  ever  been  acquainted  ,  Dr.  Peters, 
he  had  thought,  from  his  first  knowledge  of  him,  the  least 
to  be  depended  upon  as  to  any  matter  of  fact;  especially 
in  story-telling."  The  best  excuse  that  can  be  made 
for  him  is,  that  he  was  a  victim  of  pseudomania ;  -that  his 
abhorrence  of  truth  was  in  fact  a  disease,  and  that  he  was 
not  morally  responsible  for  its  outbreaks.  He  could  not 
keep  even  his  name  clear  of  falsification.  It  passes  into 
history  with  doubtful  initials  and  fictitious  titles.  He 
wrote  himself,  sometimes  "  Samuel  Peters,"  sometimes 
"Samuel  Andrew  (or,  Samuel  A.)  Peters."  He  append- 
ed to  his  name  the  letters  "  LL.  D." — but  no  one  can  guess 
how  he  came  by  them.  Some  books  of  reference  have 
made  him  D.  D. ;  others  (including  the  latest  American 
biographical  dictionary)  have  conferred  on  him  both  the 
doctorates.  His  life  begins  with  fable — in  fact,  the  fable 
is  pre-natal,  for  he  claimed  descent  from  a  brother  of 
Hugh  Peters,  who  (if  proof  of  a  negative  can  ever  be 


32  INTRODUCTION. 

trusted)  had  no  existence.  His  autobiography — which 
he  was  fond  of  writing — is  everywhere  as  untruthful  as 
are  his  contributions  to  history.  In  one  place  he  des- 
cribes himself  as 

"  The  Rev.  Samuel  Peters,  an  episcopal  clergyman,  who  by  his 
generosity  and  zeal  for  the  Church  of  England,  and  loyalty  to  the 
House  of  Hanover,  has  rendered  himself  famous  both  in  New  and 
Old  England,  and  in  some  degree  made  an  atonement  for  the  fana- 
ticism and  treasons  of  his  uncle  Hugh,  and  of  his  ancestor  on  his 
mother's  side,  Major-General  Thomas  Harrison,  both  hanged  at 
Charing-Cross  in  the  last  century." — History  of  Connecticut,  172. 

In  a  "  History  of  Jonathan  Trumbull,  the  Rebel  Gover- 
nor," etc.,  evidently  from  the  pen  of  Peters,  in  a  London 
"Political  Magazine,"  for  January,  1781,  he  introduces 
himself  as 

— "  the  Rev.  Mr.  Peters,  a  church  clergyman,  of  an  ancient  and 
opulent  family  in  the  Colony,  and  one  of  those  they  stiled  their 
Noblesse,  being  a  descendant "  etc.  ..."  and  his  wife  was  a  descendant 
of  Dr.  John  Owen."  [As  a  matter  of  fact,  he  married  the  great-grand- 
daughter of  a  John  Owen  who  was  living  in  Windsor,  Conn.,  before 
1650, — the  cotemporary  and  only  eight  years  the  junior  of  Dr.  John 
Owen.]  .  .  .  .  "  Mr  Peters  had  been  brought  up  to  the  law,  and  was 
extremely  popular  in  the  country  ;  but  .  . .  renouncing  the  inde- 
pendent faith,  he  received  holy  ordination  from  the  Lord  Bishop  of 
London."  .... 

'•  In  proportion  to  a  man's  goodness,  is  he  persecuted.  Mr.  Peters's 
stile  of  life  in  Connecticut  was  generous  and  exemplary,  and  his 
fortune  considerable.  It  is  most  likely  he  would  have  arrived  to  the 
Government  of  the  Colony,  had  he  not  forsaken  the  Republican 
system  of  his  ancestors,  and  become  an  admirer  of  the  English  con- 
stitution and  a  convert  to  the  Church  of  England." 

To  descend  to  prose :  Mr.  Peters  was  born  in  Hebron 
in  1735,  graduated  at  Yale  College  in  1757,  went  to 
England  for  episcopal  ordination,  and  returned  in  1760, 
to  take  charge  of  the  little  episcopal  church  in  his  native 
town,  where  he  continued  to  reside  till  the  beginning  of 
the  revolutionary  contest.  In  1774,  his  obstinate  and 
aggressive  toryism  rendered  him  very  obnoxious  to  his 
neighbors  and  finally  provoked  the  resentment  of  the 
Sons  of  Liberty.  A  party  of  two  or  three  hundred  men 
paid  him  a  visit,  threatened  him  (so  he  averred)  with  tar 
and  feathers,  handled  him  somewhat  roughly  when  they 
detected  him  in  falsehood,  and  drew  from  him  a  promise 
that  he  would  not  again  meddle  in  public  affairs.  After 
a  few  weeks,  he  gave  new  offence,  and  was  again  called 
to  account.  This  time,  he  was  made  to  subscribe,  "  with- 
out equivocation  or  mental  reservation,"  a  pledge  to 


INTRODUCTION.  33 

"  support  the  measures  taken  to  obtain  redress  of  our 
grievances,"  etc.  He  was  not  much  hurt,  in  person  or 
property,  but  was  badly  frightened,  and  apprehensive  of 
worse  to  come.  He  fled  from  Hebron  to  Boston,  breath- 
ing out  threatenings  and  slaughter  against  his  tormentors. 
"  For  my  telling  the  Church  people  not  to  take  up  arms, 
etc.,  it  being  high  treason,  etc.," — he  wrote  from  his  place 
of  refuge,  to  his  friend,  the  Rev.  Dr.  Auchmuty,  of  New 
York, — "  the  Sons  of  Liberty  have  destroyed  my  windows, 
rent  my  clothes,  even  my  gown,  etc.,  crying  out,  down 
with  the  Church,  the  rags  of  Popery,  etc. ;  their  rebellion 
is  obvious — treason  is  common — and  robbery  is  their 
daily  diversion  :  the  Lord  deliver  us  from  anarchy."  He 
found  his  only  comfort  in  the  anticipation  that,  if  his 
plans  of  vengeance  should  succeed,  Connecticut  might  be 
blotted  out :  "  the  bounds  of  New  York  may  directly 
extend  to,  Connecticut  river,  Boston  meet  them,  New 
Hampshire  take  the  Province  of  Maine,  and  Rhode 
Island  be  swallowed  up  as  Dathan."  In  October,  1774, 
he  sailed  for  England,  where  he  remained  until  1805. 
He  obtained  a  small  pension  from  the  crown,  and  some 
compensation  for  the  property  he  professed  to  have  lost 
in  Connecticut:  and  it  was  perhaps  in  the  hope  of  eking 
out  a  livelihood,  as  well  as  of  gratifying  his  resentment, 
that  he  employed  his  pen  in  abuse  of  the  colony  which 
gave  him  birth,  and  the  religion  of  his  fathers.  He  did 
not,  says  Mr.  Duykinck,  "  carry  his  point  of  dismem- 
bering Connecticut,  but  he  punished  the  natives  almost 
as  effectually  by  writing  a  book — his  History  of  the  State. 
It  was  published  anonymously,  but  it  was  as  plainly  Pe- 
ters's  as  if  every  page  had  been  subscribed  by  him,  like 
the  extorted  declarations."* 

His  work  seems  to  have  been  in  no  sense  a  success. 
He  had  presumed  too  far  both  on  the  credulity  of  Eng- 
lish readers  and  on  their  ill-will  to  America.  With  less 
inveterate  aversion  to  truth,  he  might  have  imparted 
plausibility  to  fiction;  with  less  exuberance  of  malice,  he 
might  have  tickled  the  Englisli  ear  with  the  absurdities 
and  misdeeds  of  the  "rebels,"  and  have  passed  for  a 
humorist.  As  it  was,  the  Monthly  Review  doubtless 
expressed  the  general  sentiment : 

"  We  find  it  destitute  of  every  claim  to  the  rare  quality  [of  impar- 
tiality] ;  and  observe  in  it  so  many  marks  of  party  spleen  and  idle 

*  Cyclopaedia  of  American  Literature,  i.  191. 


34:  INTRODUCTION. 

credulity,   that    we   do   not    hesitate   to   pronounce    it   altogether 
unworthy  of  the  public  attention." 

"  Extravagant  and  incredible,"  "  ludicrous  and  apocry- 
phal," are  the  epithets  by  which  the  historian  of  Episco- 
pacy in  Connecticut  (the  Rev.  Dr.  Beardsley)  has 
characterized  the  statements  of  Peters's  book.  It  would 
have  fallen  forever  into  the  oblivion  it  merits,  had  it  not 
been  that  its  malignant  fabrications  have  supplied  so 
many  respectable  and  reverend  authors  with  facilities  for 
breaking  the  ninth  commandment  without  incurring 
personal  responsibility. 

The  book  was  first  published  in  1781.  The  next  year, 
it  received  a  new  title-page,  which  described  it  as  a 
"second  edition."  Whether  this  was  done  to  stimulate 
the  sale,  or  merely  to  improve  a  blank  space  in  the  title, 
by  the  insertion  of  one  more  falsehood,  is  not  clear. 

"  Its  narrations,"  says  Duykinck,  in  his  notice  of  the 
author,  "are  independent  of  time,  place,  and  probability. 
A  sober  critic  would  go  mad  over  an  attempt  to  correct 
its  misstatements."  What  could  sober  criticism  do,  for 
instance,  with  the  account  of  Bellows  Falls,  where  "  the 
water  is  consolidated  by  pressure,  by  swiftness,  between 
the  pinching,  sturdy  rocks,  to  such  a  degree  of  induration 
that  no  iron  crow  can  be  forced  into  it,'  and  the  stream  is 
'*  harder  than  marble  "  (p.  127), — or,  with  the  bridge  over 
the  Quinebaug,  at  Norwich,  "  under  which  ships  pass 
with  all  their  sails  standing  "(p.  139), — or  with  "the  in- 
famous villainy  of  [the  Rev.  Thomas]  Hooker,  who  spread 
death  upon  the  leaves  of  his  Bible  and  struck  Connecticote 
(a  great  Sachem)  mad  with  disease  "  (134), — or  with  the 
Rev.  Mr.  Vesey's  exorcism  of  the  devils  who  came  to 
attend  an  Indian  powwaw  at  Stratford,  and  the  result- 
ing introduction  of  episcopacy  into  Connecticut  (215 — 
217), — or  with  the  statement,  that  the  people  of  Massa- 
chusetts "  sent  Mr.  John  Winthrop  privately  to  Hartford, 
to  promote  a  petition  to  Charles  II.  for  a  charter,  as  a 
security  against  the  ambition  of  New  Haven  "  (74), — 
or  with  the  assertion  that  Yale  College  was  "originally 
a  school  established  by  the  Rev.  Thomas  Peters  at  Say- 
brook"  (199), — or  with  the  story  of  the  alarming  incur- 
sions of  the  Windham  frogs,  or  the  descriptions  of  those 
remarkable  quadrupeds  ".the  whappernocker  "  and  "  the 
cuba," — or  with  the  conviction  and  punishment  of  an 
episcopal  clergyman  in  1750,  for  breaking  the  Sabbath  by 


INTRODUCTION.  35 

walking  too  fast  from  church  and  combing  a  lock  of 
his  wig  on  Sunday  (p.  305), — or,  in  fine,  with  any  half- 
dozen  consecutive  sentences  in  this  wonderful  "  History." 
Its  lies,  like  Falstaffs,  are  "  gross  as  a  mountain, 
open,  palpable."  Indeed,  some  of  the  apologists  for 
Peters  have  insisted  that  he  never  intended  his  book  to 
he  believed.  Yet — through  this  slough  of  mendacity,  a 
Lord  Bishop  of  Oxford  (Wilberforce)  could  wade,  to 
cull  specimens  of  the  "Blue  Code  of  Connecticut  "  which 
"  made  it  criminal  in  a  mother  to  kiss  her  infant  on  the 
Sabbath-day,"  and  "which  strictly  forbids  making  mince- 
pies,"  etc.,  etc.,* — and  the  Reverend  Henry  Caswall,  "D. 
D.  of  Trinity  College,  Connecticut,  Prebendary  of  Sarum," 
etc.,  could  repeat  in  his  work  on  "  The  American  Church 
and  the  American  Union,"  (on  the  authority  of  this  His- 
tory of  Connecticut,  "as  quoted  by  the  Bishop  of  Oxford"} 
the  story  of  "  the  fundamental  principles  of  the  New 
Haven  settlement/'  and  "  the  most  remarkable  of  the  laws 
passed  by  the  New  Haven  dominion", — and  the  Rever- 
end Isaac  Taylor,  vicar  of  Holy  Trinity,  Twickenham, 
can  transfer  to  the  pages  of  his  "  Words  and  Places  "  (4th 
edition,  1873,  p.  n,)  these  same  blue  laws,  "mince-pies, 
trumpet,  drum,  Je\vs'-harp,"  and  all,  as  "  a  curious  picture 
of  life  in  this  Puritan  Utopia,"  and  can  retain  through 
several  editions  of  a  popular  book  a  statement  which  he 
had,  to  say  the  least,  good  reason  to  suspect  to  be  untrue 
— that  these  laws  are  "  given  by  Hutchinson," — and  the 
Reverend  J.  S.  M  Anderson,  Chaplain  to  the  Queen,  etc., 
etc.,  in  a  "  History  of  the  Church  of  England  in  the 
Colonies,"  can  quote,  and  cite  as  authority  (vol  ii.  pp. 
353,  354)  this  "General  History  of  Connecticut  "  of  1781. 
With  such  teachings  is  it  strange  that  the  average 
Englishman  believes  the  story  of  the  '  Blue  Laws '  as 
implicitly  as  he  believes  the  Thirty-nine  Articles — and 
with  much  less  mental  reservation. 

Judge  Haliburton  of  Nova  Scotia,  the  author  of  "  Sam 
Slick  "  and  several  other  quasi-historical  works,  in  a 
note  to  one  of  them — "  Rule  and  Misrule  of  the  English 

*  History  of  the  Prot.  Episcopal  Church  in  America  (2d  edition), 
p.  76.  In  a  note,  Bishop  Wilberforce  cited  as  his  authority  Peters's 
"  History  of  Connecticut,  1781,"  and — "  Capt.  Marryat's  Diary,  Blue 
Code.  A  copy  of  which,  through  the  kindness  of  the  last  named 
gentleman,  lies  before  me."  He  might  have  added,  that  Peters  lied 
before  Capt.  Marryat. 


36  INTRODUCTION. 

in  America  " — remarked  that  "  the  Connecticut  Laws, 
which  were  framed  and  executed  by  people  vastly  inferior 
in  ability  and  education  to  those  of  Massachusetts,  are 
conspicuous  for  their  harshness  as  well  as  their  absurdity;" 
and  in  proof  of  this,  quotes  four  of  Peters's  fabulous  New 
Haven  Blue  Laws, — "  No  man  shall  run  on  the  Sabbath," 
etc :  "  No  one  shall  read  Common  Prayer,  make  mince 
pies,"  etc. 

So  lately  as  1867,  Mr.  "  M.  Me  N.  Walsh,  A.  M., 
LL.B.,  of  the  New  York  Bar,"  published  a  handy-book 
entitled  "The  Lawyer  in  the  School  Room," — in  which 
appears  Peters's  whole  code,  as  veritable  laws  of  New 
Haven  colony. 

Worse  yet :  Prof.  Schele  De  Vere,  of  the  University 
of  Virginia,  in  his  recent  volume  of  "Americanisms'* 
(N.  York,  1872,  p.  273),  endorses  the  Blue-Law  story 
of  Peters,  as  "confirmed  beyond  doubt."  Connecticut, 
he  says,  "  is  still  often  mentioned  as  the  Blue  State, 
unquestionably  from  its  being  [as,  unquestionably,  it 
was  not]  the  original  stronghold  of  the  Presbyterians." 
Prof.  De  Vere  admits  that  "the  authenticity  of  the 
famous  laws  of  New  Haven  ....  known  as  the  Blue 
Laws"  has  been  "often  denied,  and  Dr.  Peters's  well- 
known  book  on  the  subject  has  been  declared  a  libel ; " 
but  "-they  are  confirmed  beyond  any  doubt  by" — what? 
— "by  the  reprint  of  the  'Abstract  of  Laws  of  New 
England  "  [which  were  laws  proposed  for  Massachusetts, 
by  John  Cotton,  but  were  never  in  force  in  that  colony 
or  any  other,]  in  Governor  Hutchinson's  'Collection 
of  Papers,'  London,  1655  [that  is,  Boston,  1769],  where 
the  identical  provisions  [but  not  one  of  those  given  by 
Peters  which  are  vulgarly  denominated  "blue  laws"] 
may  be  found." 

When  divines,  jurists,  and  learned  professors  concur 
in  maintaining  that  fiction  is  fact,  we  cannot  wonder 
that  so  many  of  the  laity  are  under  the  "delusion,  that 
they  should  believe  a  lie."  Every  now  and  then,  the 
well-worn  specimens  of  "New  Haven  Blue  Laws" 
go  the  rounds  of  the  newspaper  press — and  certain 
classes  of  readers  swallow  them  with  as  much  avidity 
and  confidence  as  they  swallow  the  quack  nostrums 
advertised  in  the  next  column.  "Thousands,"  said 
Professor  Kingsley,"have  believed  implicitly  in  the 


INTRODUCTION.  37 

existence  of  the  'blue  laws,'  who  could  scarcely  be 
said  to  have  any  other  article  of  faith."  With  such, 
disproof  avails  no  more  than  contradiction.  He  who 
is  predetermined  to  believe,  will  believe.  Inshallah! 
In  the  bitterness  of  political  strife,  between  1800  and 
the  triumph  of  "Democracy  and  Toleration"  in  Con- 
necticut in  1817,  the  "Blue  Laws"  were  much  talked 
of  by  the  opponents  of  "steady  habits"  and  "the 
standing  order."  During  the  war  of  1812-1814,  the 
"Blue  Lights"  story  came  into  being,  and  supplied 
another  taunt  at  the  federalists.  In  1817,  a  poem  was 
published  in  New  York,  entitled:  "Blue  Lights,  or 
The  Convention.  In  four  Cantos.  By  Jonathan  M. 
Scott,  Esq."  Of  course,  the  author  introduces  some 
allusions  to  the  Blue  Laws.  He  tells  how  the  law- 
students  in  Yale  College  are  taught  to 

"Explain  old  codes,  and  wisely  shew 

The  good  effects  of  statutes  Blue, 

Beneath  whose  stern  control,  the  swain 

Might  never  swear  nor  drink  in  vain; 

Whose  rule  the  nuptial  kiss  restrains 

On  Sabbath  day,  in  legal  chains; 

And  should  some  youth,  in  daring  brunt, 

Answer  with  oath  the  dire  affront, 

Enrich' d  by  pettifogging  toil, 

The  parish  battens  on  the  spoil ; 

And  should  the  rash  offender  fail 

To  pay  the  fine  or  find  his  bail, 

In  cloven  stick  his  tongue  must  rest, 

'Till  ev'ning  shades  embrown  the  west." — (p.  31.) 

In  a  note,  the  writer  says,  that,  "as  this  excellent 
code  of  laws  has  never,  we  believe,  been  committed  to 
the  press,  he  has,  with  infinite  pains,  obtained  a  few 
extracts  from  it,  principally  for  the  benefit  of  our 
western  brethren ":  and  proceeds  to  give  "some  speci- 
mens of  the  wisdom  of  the  New  Haven  lawgivers" — 
conceived  in  the  spirit  of  Peters,  but  without  the 
pretence  of  writing  "  history."  For  example : 

"  I.  Whosoever  kisseth  his  wife  on  the  Sabbath  day,  shall  be  fined 
in  the  sum  of  three  shillings  and  four  pence,  or  in  default  thereof 
shall  receive  at  the  post,  forty  stripes  save  one." 

"  4.  Whosoever  shall  be  convicted  of  profane  swearing,  shall  have 
the  oath  of  which  he  was  convicted,  written  on  his  hat,  with  chalk, 
for  the  space  of  one  week  ;  and  for  the  second  offence,  shall  stand 
with  his  tongue  in  a  split  stick  until  the  going  down  of  the  sun." 


38  INTRODUCTION. 

"  5.  All  cracking  of  nuts,  eating  of  apples,  and  such  like  unbe- 
coming amusements,  are  strictly  forbidden,  during  the  time  of 
divine  service,  as  being  highly  repugnant  to  ecclesiastical  discip- 
line," etc. 

Peters's  finished  "  sketch  "  of  the  "  Blue  Laws  "  will 
be  given  in  another  part  of  this  volume.  But  the 
True  Blue  legislation  of  Connecticut  and  New  Haven 
must  have  precedence  of  the  false;  and  we  begin  with — 

i.  THE  CONNECTICUT  CONSTITUTION  OF  1638-39, 
or  the  "  fundamental  orders  "  by  which  "  the  inhabitants 
and  residents  of  Windsor,  Hartford,  and  Wethersfield," 
became  "associated  and  conjoined  to  be  as  one  Public 
State  or  Commonwealth," — not  a  confederacy  of  petty 
sovereignties,  but  a  union  under  a  government  of  the 
people's  choice,  exercising  "the  supreme  power  of  the 
commonwealth,"  and  maintaining  liberty,  under  law.  It 
has  been  justly  characterized  as  "THE  FIRST  PROPERLY 
AMERICAN  CONSTITUTION — a  work  in  which  the  framers 
were  permitted  to  give  body  and  shape,  for  the  first 
time,  to  the  genuine  republican  idea,  that  dwelt  as  an 
actuating  force,  or  inmost  sense,  in  all  the  New  England 
colonies."  * 

A  sketch  of  the  Rev.  Thomas  Hooker's  sermon  preached 
before  the  General  Court  in  May,  1638,  and  an  extract 
from  his  letter  to  Governor  Winthrop  of  Massachusetts, 
giving  his  views  of  the  nature  of  civil  government  and 
his  conviction  that  "  a  general  council,  chosen  by  all,  to 
transact  businesses  which  concern  all "  is  "  most  safe  for 
the  relief  of  the  whole," — are  prefixed  to  the  copy  of  the 
first  Constitution. 

2.  THE  CAPITAL  LAWS,  ESTABLISHED,   1642. 
These,  as  was  before  stated,  are  copied,  with  little  alter- 
ation, from  the  capital  laws  of  Massachusetts. 
3.  THE  FIRST  CONNECTICUT  CODE. 

This  code,  adopted  by  the  General  Court,  May,  1650, 
was  compiled,  probably,  by  Roger  Ludlow,  who,  in 
April,  1646,  was  desired  "to  take  some  pains  in  drawing 
forth  a  Body  of  Laws  for  the  government  of  this  Com- 
monwealth, and  present  them  to  the  next  General  Court." 
The  work  was  not  completed  in  May,  1647,  and  it  was  then 
ordered,  that  when  the  Body  of  Laws  should  be  perfected, 

*Dr.  Bushnell's  Historical  Estimate  ("Work  and  Play,"  p.  177). 


INTRODUCTION.  39 

as  the  Court  had  desired,  Mr.  Ludlow  "  should,  besides 
the  paying  the  hire  of  a  man,  be  further  considered  for 
his  pains."  Nothing  more,  concerning  the  progress  and 
completion  of  the  work,  appears  on  the  records,  until 
February,  1651,  when  the  Court  ordered  compensation 
to  the  Secretary  for  "his  great  pains  in  drawing  out  and 
transcribing  the  Country  Orders,  concluded  and  estab- 
lished in  May  last." — Colonial  Records,  i.  138,  154,  216. 

The  code  comprises  all  laws  of  general  concernment 
enacted  by  the  General  Court,  and  remaining  in  force  in 
May,  1650,  with  large  additions,  most  of  which  were  taken 
from  the  laws  of  Massachusetts. 

4.  ORDERS  OF  THE  CONNECTICUT  COURT,  1636-1662. 

Under  this  head  are  comprised  some  orders  which  were 
repealed  before  the  adoption  of  the  code  of  1650,  and 
some  which  were  made  between  1650  and  the  re-estab- 
lishment under  the  Charter,  in  1662  ;  with  a  few  judg- 
ments rendered  and  sentences  pronounced  by  the  General 
and  Particular  Courts. 

The  Particular  Court,  or  Court  of  Magistrates,  was 
constituted  (under  the  xoth  Fundamental  Order  of  the 
Constitution)  of  the  Governor  and  at  least  four  other 
magistrates:  after  February,  1645,  of  the  Governor 
or  Deputy  Governor  and  three  other  magistrates. — Col- 
onial Records,  i.  71,  119. 

5.  THE  FUNDAMENTAL  AGREEMENT  OF  THE  PLANTERS 
OF  NEW  HAVEN. 

This  agreement — the  Constitution  of  New  Haven  col- 
ony— was  adopted  by  "all  the  free  planters,"  June  i4th, 
1639,  and  continued  in  force  until  the  Union  of  the  two 
colonies  in  1665. 

It  differs  from  the  Connecticut  constitution,  radically, 
by  restricting  to  church-members  the  management  of 
public  affairs  and  the  right  of  suffrage.  Mr.  Hooker 
maintained  that  "the  foundation  of  authority  is  laid, 
firstly,  in  the  free  consent  of  \\\Q  people."  Mr.  Davenport 
believed  that  in  "a  new  plantation,  where  all,  or  the 
most  considerable  part  of  the  free  planters,  profess  their 
purpose  and  desire  of  securing  to  themselves  and  their 
posterity  the  pure  and  peaceable  enjoyment  of  Christ's 
ordinances,"  "  such  planters  are  bound,  in  laying  the 
foundations  of  Church  and  Civil  State,  to  take  order  that 
all  the  free  burgesses  be  such  as  are  in  fellowship  of  the 


40  INTRODUCTION. 

Church  or  Churches  which  are  or  may  be  gathered 
according  to  Christ," — and  "  that  this  course  will  most 
conduce  to  the  common  welfare  of  all."' 

"  If  you  call  their  adoption  of  this  principle  fanaticism, 
it  is  to  be  remembered,"  says  Dr.  Bacon,  "  that  the  same 
fanaticism  runs  through  the  history  of  England.  How 
long  has  any  man  in  England  been  permitted  to  hold 
office  under  the  crown,  without  being  a  communicant  in 
the  Church  of  England  ?  " 

6.  THE  NEW  HAVEN  CODE  OF  LAWS.  1655. 

"The  laws  in  this  code  were  passed  at  various  times, 
and  perhaps  collected  and  digested  about  1648  or  1649, 
though  revised  and  in  some  degree  altered  in  1655,  upon 
the  perusal  by  Governor  Eaton  of  the  "  new  book  of 
laws  in  the  Massachusetts  Colony,"  and  the  "  small  book 
of  laws  newly  come  from  England,  Avhich  is  said  to  be 
Mr.  Cotton's."  \ 

"The  laws  which,  at  the  Court's  desire  have  been 
drawn  up  by  the  governor,"  Theophilus  Eaton,  were 
"  read  and  seriously  weighed  by  the  Court,  and  by  vote 
concluded,  and  ordered  to  be  sent  to  England  to  be 
printed,"  at  the  October  Court,  1655.  J 

In  June,  1656,  Gov.  Eaton  "informed  the  Court  that 
there  is  sent  over  now,  in  Mr.  Garret's  ship,  500  law 
books,  which  Mr.  Hopkins  hath  gotten  printed,"  etc.  § 

A  copy  of  this  volume  of  the  New  Haven  Laws, 
"  printed  by  M.  S.  for  Livewell  Chapman,"  London, 
1656,  is  in  the  Library  of  the  American  Antiquarian 
Society  at  Worcester,  Mass.  Until  lately,  this  copy  was 
regarded  as  perhaps  unique,  and  in  1834  a  transcript  of 
it  was  made,  at  the  request  of  the  General  Assembly  of 
Connecticut,  to  be  preserved  in  the  office  of  the  Secretary 
of  State.  Since  then,  two  copies  of  the  original  edition 

* "  A  Discourse  about  Civil  Government  in  a  New  Plantation 
whose  design  is  Religion,"  written  (as  Dr.  Bacon  has  demonstrated) 
by  Davenport,  though  attributed,  by  its  publisher,  to  John  Cotton. 
For  an  exposition  of  the  New  Haven  constitution,  and  a  defence  of 
the  colonists  from  the  stereotyped  charges  of  "  fanaticism  and 
bigotry,"  see  Dr.  Bacon's  admirable  Historical  Discourses,  pp.  25-32. 
Extracts  from  the  "  Discourse  about  Civil  Government"  are  given  in. 
his  Appendix,  pp.  289-292. 

f  C.  J.  Hoadly,  in  Preface  to  New  Haven  Colonial  Records,  vol.  L 
JNew  Haven  Records,  ii.  154.  %Ibid.  186. 


INTRODUCTION.  41 

have  been  discovered  (one  of  which  is  somewhat  imper- 
fect), and  both  are  "now  in  the  library  of  the  late  Mr. 
George  Brinley,  of  Hartford. 

This  code  was  first  reprinted  (from  the  manuscript 
copy  in  the  Secretary's  Office)  in  1838,'  in  a  volume 
entitled:  "The  Blue  Laws  of  New  Haven  Colony, 
usually  called  Blue  Laws  of  Connecticut,"  etc.  "  Com- 
piled by  an  Antiquarian."  (Hartford,  i2mo.)  The  Com- 
piler was  the  Hon.  R.  R.  Hinman,  then  Secretary 
of  State.  Il  was  reprinted  again — and  with  absolute 
accuracy  —  by  Mr.  Hoadly,  at  the  end  of  his  second 
volume  of  New  Haven  Colonial  Records,  in  1858. 
7.  LAWS  AND  JUDGMENTS  OF  THE  NEW  HAVEN 
GENERAL  COURT,  BEFORE  1655. 

What  Hutchinson  has  said  of  early  judicial  proceed- 
ings in  Massachusetts  is  equally  true  for  New  Haven: 
"Whilst  they  were  without  a  code  or  body  of  laws,  and 
the  colony  had  but  just  come  to  its  birth,  their  sentences 
seem  to  be  adapted  to  the  circumstances  of  a  large 
family  of  children  and  servants."  A  remark  of  Chief 
Justice  Smith,  to  the  same  effect,  has  been  quoted  (on 
page  30).  The  judges,  he  says,  "took  up  an  authority 
similar  to  that  which  every  religious  man  exercises  over 
his  own  children  and  domestics."  By  the  unanimous 
agreement  of  the  planters,  the  General  Court  was  en- 
trusted with  the  power  not  only  of  "  declaring  and 
establishing,  for  the  plantations,  the  laws  of  God,"  and 
of  "  making  and  repealing  orders  for  smaller  matters, 
not  particularly  determined  in  Scripture," — but,  gener- 
ally, "  with  all  care  and  diligence  from  time  to  time  to 
provide  for  the  maintenance  of  the  purity  of  religion  and 
suppress  the  contrary,"  etc. 

"  Their  judicial  proceedings,"  says  Hutchinson  (i.  83), 
varied  in  very  few  circumstances  from  the  Massachusetts ; 
one,  indeed,  was  a  material  one,  that  they  had  no  jury, 
neither  in  civil  nor  criminal  cases.  All  matters  of  fact, 
as  well  as  law,  were  determined  by  the  court." 

From  specimens  of  the  true  blue  laws  and  judgments 
of  New  Haven,  we  pass  to 

8.       THE  "  BLUE  LAW  "  FORGERIES  OF  PETERS. 

His  first  reference  to  New  Haven  "  Blue  Laws  "  is  as 
follows : 

"  The  lawgivers  soon  discovered   that  the  precepts  in  the  Old  and 


42  INTRODUCTION. 

New  Testaments  were  insufficient  to  support  them  in  their  arbitrary 
and  bloody  undertakings  :  they,  therefore,  gave  themselves  up  to 
their  own  inventions  in  making  others,  wherein,  in  some  instances, 
they  betrayed  such  an  extreme  degree  of  wanton  cruelty  and  oppres- 
sion, that  even  the  rigid  fanatics  of  Boston  and  the  mad  zealots  of 
Hartford,  put  to  the  blush,  christened  them  the  Blue  Laws  ;  and  the 
former  held  a  day  of  thanksgiving,  because  God,  in  his  good  provi- 
dence, had  stationed  Eaton  and  Davenport  so  far  from  taeiu " 
(Peters's  "  History,"  p.  43). 

After  giving  a  "  sketch  of  some  of  these  laws  "  (which 
will  be  found  in  this  volume),  he  remarks  that 

"  They  consist  of  a  vast  multitude,  and  were  very  properly  termed 
Blue  Laws,  i.  e.  bloody  Laws  ;  for  they  were  all  sanctified  with 
excommunication,  confiscation,  fines,  banishment,  whippings,  cut- 
ting off  the  ears,  burning  the  tongue,  and  death.  .  .  .  And  did  not 
similar  laws  still  [that  is,  in  1782]  prevail  over  New  England  as  the 
common  law  of  the  country,  I  would  have  left  them  in  silence,"  etc. 
(pp.  69,  70). 

Writers  who  have  copied  the  "  blue  law  "  fiction  seem 
to  have  overlooked  the  very  important  statement  which  is 
here  italicized.  That  the  provision  that  "  every  male 
should  have  his  hair  cut  round  according  to  a  cap  "  (or 
"  the  hard  shell  of  a  pumpkin  ")  and  the  law  forbidding 
the  making  of  mince-pies  were  in  force  not  only  in  New 
Haven  colony,  but  that  they  or  "  similar  laws  "  still  pre- 
vailed over  New  England,  in'  the  last  quarter  of  the 
eighteenth  century — is  a  fact  which  the  Bishop  of  Oxford 
and  the  Rev.  Isaac  Taylor  would  have  done  well  to  note. 

The  definition  of  '  blue  '  by  '  bloody  '  was  probably 
original  with  Peters.  It  is  amusing  to  see  how  unsuspi- 
ciously it  has  been  adopted  by  believers  in  the  "  Blue 
Laws."  When  we  tell  a  friend  that  he  is  "  looking  blue" 
we  do  not  usually  intend  to  convey  the  impression  that 
his  aspect  is  remarkably  sanguine — or  sanguinary. 

9.  EARLY  LAWS  AND  JUDGMENTS  OF  OTHER  COLONIES. 

For  comparison,  in  "  quaintness,  bluntness,  particular- 
ity, and  antiquated  excess  of  penalty,"  with  the  laws  of 
Connecticut  and  New  Haven,  some  specimens  of  laws 
enacted  in  several  other  American  colonies — particular- 
ly New  York,  and  Virginia,  —  are  grouped  under  the 
several  heads:  Crimes  and  Punishments;  Laws  against 
Dissenters,  Quakers,  Papists,  and  Disturbers  of  the 
Church ;  and  Sumptuary  Laws,  regulating  dress,  diet, 
and  expenditure,  with  some  other  curiosities  of  legis- 
lation. 


INTRODUCTION.  43 

Peters's  Blue  Laws  have  often  been  reprinted,  and 
several  compilations,  more  or  less  complete,  of  the  early 
laws  of  Connecticut  and  New  Haven  have  been  published 
under  the  name  of  "  Blue  Laws."  Some  of  these  may  be 
named  here,  beginning  with 

A  General  History  of  Connecticut.  ...  By  a  Gentleman  of  the 
Province.  London,  1781.  8vo. 

The  same  ivork,  with  a  new  title-page  (and  a  "  p.  s."  of  three  lines 
on  the  last  page  of  the  text,  mentioning  the  death  of  the  Rev. 
Nathaniel  Hooker  of  Hartford),  called  "  Second  Edition."  London, 
1782. 

TTie  same  :  "  To  which  is  added,  A  Supplement  verifying  many 
important  statements  made  by  the  author.  Illustrated  with  eight 
engravings."  New  Haven,  Published  by  D.  Clark  and  Co.,  1829. 
12  mo. 

This  reprint  has  an  additional  preface  of  Spaces,  and  a  Supple- 
ment (of  Notes)  of  87  pp.  (319—405).  The  editor  has  hitherto  ts- 
cnpcd  detection,  or,  if  suspected,  has  not  been  absolutely  con- 
victed. 

The  Code  of  1650 :  being  a  compilation  of  the  Laws  and  Orders  of 
the  General  Court  of  Connecticut :  also,  the  Constitution,  or  civil 
Compact,  entered  into  and  adopted  by  the  towns  of  Windsor, 
Hartford,  and  Wethersfield,  in  1638-9.  To  which  is  added,  Some 
Extracts  from  the  Laws  and  Judicial  Proceedings  of  New  Haven 
Colony,  commonly  called  BLUE  LAWS.  Hartford,  Published  by  Silas 
Andrus,  1822.  (12  mo,  pp.  120.) 

Some  copies  had,  by  way  of  frontispiece,  a  coarse  wood-cat  repre- 
senting the  arrest  of  a  tobacco-taker,  by  a  constable. 

The  Code  of  1650  was  first  printed  in  this  volume — and  with 
creditable  accuracy.  Peters's  "Blue  Laws"  are  not  include-l  in 
the  compilation.  Like  other  publications  of  Mr.  Andrus,  this 
book  was  a  favorite  with  the  book-peddlers,  by  whose  agency 
several  editions  of  it  were  scattered  through  the  country. 

The  same:  Hartford,  Silas  Andrus,  1825.  I2mo,  pp.  119. 
Woodcut. 

The  same :  with  a  new  title-page  only.  Hartford,  S.  Andrus  & 
Son.  n.  d.  I2mo,  pp.  119. 

The  Blue  Laws  of  New  Haven  Colony,  usually  called  the  Blue 
Laws  of  Connecticut ;  Quaker  Laws  of  Massachusetts  ;  Blue  Laws 
of  New  York  [and  other  colonies]  ....  Compiled  by  an  Antiqua- 
rian. Hartford,  1838.  I2mo.  pp.  336. 

The  compiler  WHS  Royal  R.  Hlnmnn,  who  was  Secretary  of  Con- 
necticut, 18o5— 1842.  The  New  Haven  Code  of  1655  was  for  tins 
first  time  reprinted,  in  this  volume,  from  a  manuscript  copy  (in 
the  Secretary's  Office)  of  the  London  edition  of  1656,  Peters'a 
"Blue  Laws"  arc  found  on  pages  121 — 124. 

The  Blu*  Lnws  of  Connecticut.  [The  Code  of  1650,  and  Laws  and 
Orders  of  1638— 39.]  Cincinnati,  1850.  12mo. 

The  Blue  T.aws  of  Connecticut :  a  Collection  of  the  earliest  statutes 
and  judicial  proceedings  of  that  Colony;  being  an  exhibition  of  the 
rigorous  morals  and  legislation  of  the  Puritans.  Edited,  with  an 


44:  INTRODUCTION. 

Introduction,  by  Samuel  M.  Smucker,  LL.  D.     Philadelphia,  1861. 
I2mo. 

This  editor,  like  some  of  his  predecessors,  mistakes  the 
Connecticut  code  of  1650  for  "the  celebrated  code  at 
present  stigmatized  as  the  'Blue  Laws.'  "  The  fabulous 
code  of  New  Haven  colony  was  so  '  stigmatized '  by 
Peters  and  those  who  believed  or  professed  to  believe 
his  story;  but  the  name  was  not  given,  till  the  present 
generation,  to  the  genuine  Connecticut  code  of  1650,  or  to 
any  laws  enacted  by  Connecticut. 

Every  now  and  then,  some  English  or  Scotch  writer 
parades  the  choicest  specimens  of  Peters's  collection  as 
genuine  "  curiosities  of  Puritan  legislation,"  or  as  "  afford- 
ing a  curious  picture  of  life  in  this  Puritan  Utopia." 
Only  a  few  years  ago,  a  paper  on  the  "  Blue  Laws  "  was 
published  in  Slack-wood's  Magazine  (for  April,  1870),  in 
which  the  old  story  was  repeated,  that 

"  In  the  Blue  Laws  of  New  Haven,  which  were  not,  however, 
drawn  up  or  codified  by  the  State  of  Connecticut  [why  should  they 
have  been  ?],  it  was  ordered  that  no  one  should  '  travel,  cook  victuals, 
make  beds,  sweep  house,  cut  hair,  or  shave  on  the  Sabbath-Day ; 
that  no  woman  should  kiss  her  child  on  the  Sabbath  or  Fasting-day, 
that  no  one  should  keep  Christmas  or  Saint  days  ;  and  that  every 
male  should  have  his  hair  cut  round,  according  to  a  cap?1'  "Such 
were  the  Blue  Laws,"  etc.,  etc. 

This  article  contains,  in  its  dozen  pages,  more  mis- 
statements  than  even  Peters  managed  to  condense  in  the 
same  compass.  The  writer  tells  us  that  "  the  laws 
codified  by  Roger  Ludlow  [i.  e.  the  Connecticut  laws  of 
1650]  were  the  famous  'Blue  Laws;'"  that  "the  phrase 
Avas  suggested  by  the  old  English  phrase  of  '  the  blues,' 
and  '  blue-devils '  [which,  as  every  English  scholar 
knows,  are  not  old  English  phrases]  and  the  common 
vulgarism  'to  look  blue; '  "  that  "this  code  remained  in 
operation  until  1686,  when  Sir  Edward  Andros  sus- 
pended the  charter  of  the  Colony,  as  well  as  the 
Puritanic  laws  "  [Sir  Edmund  Andros  assumed  the  gov- 
ernment of  Connecticut  in  1687,  and  did  not  suspend  the 
"  puritanic  laws,"  though  he  promulgated  some  new 
laws;  but  the  whole  body  of  Connecticut  laws,  includ- 
ing the  code  of  1650,  had  been  revised,  amended, 
re-codified,  and  published,  in  1673,  long  before  Andres's 
coming]  ;  that  shortly  after  the  completion  of  his  task  of 
codification,  "  the  worthy  Justice  Ludlow  was  publicly 


INTRODUCTION.  45 

called  '  Justass  Ludlow,'  by  one  Captain  Stone,"  and 
"for  this  offence  the  Captain  was  fined  ^100,"  etc. 
[Captain  Stone's  offence  was  committed  and  punished 
in  Massachusetts,  two  years  before  Connecticut  was 
settled,  and  about  seventeen  years  before  the  Connecti- 
cut laws  were  codified] ;  and  the  "  one  significant  para- 
graph by  Roger  Ludlow,"  which  is  quoted  is,  in  fact, 
the  declaration  of  rights  prefixed  to  the  Massachusetts 
"Body  of  Liberties"  of  1640,  and  adopted  by  Connec- 
ticut, nearly  word  for  word,  in  1650.*  It  was  this  article, 
perhaps,  which  suggested  the  remarks  made  by  the  late 
Rev.  Dr.  John  Todd,  in  a  conversation  with  an  intelli- 
gent Scotch  traveller  who  subsequently  published  his 
impressions  of  "The  Americans  at  Home."  f 

"  Speaking  of  the  old  Puritan  strictness,  and  of  the  so-called  Blue 
Laws  of  Connecticut,  the  Doctor  said  :  '  I  have  been  amused  to  see 
that  some  of  your  writers  imagine  that  there  really  were  such  laws  in 
New  England.  The  whole  thing  is  an  absurd  fiction.  ...  It  was 
not  wonderful,  perhaps,  that  people  so  ignorant  about  us  as  the 
English  were  should  have  been  hoaxed  into  the  belief  that  there 
had  really  been  laws  in  Connecticut  making  it  penal  for  a  man  to 
kiss  his  wife  on  Sundays,  and  all  that  nonsense  ;  but  to  find  some  of 
your  living  writers  still  falling  into  an  error  so  preposterous,  is  very 
melancholy.  What  would  you  think  of  an  American,  writing  about 
England,  and  quoting  '  Jack  and  the  Bean  Stalk '  as  an  authentic 
historical  'work  ?  " 

"  These  Blue  Laws,"  says  the  writer  in  Blackwood's, 
"  were  of  five  kinds — general,  theological,  municipal, 
commercial,  and  personal."  A  somewhat  similar  clas- 
sification might  be  made,  of  the  writers  who  believe — 
or  profess  to  believe — the  Blue-Law  story.  Perhaps 
the  "  theological "  believers  are  the  most  numerous. 
English  churchmen,  particularly,  find  it  difficult  not 
to  believe  in  the  fabricated  code  which  has  so  con- 
veniently been  appropriated  in  pios  usus,  or  that  laws 
forbidding  the  making  of  mince-pies  and  playing  on 
any  musical  instrument,  "  except  the  drum,  trumpet, 
and  jews*  harp,"  were  not  the  natural  and  necessary 
fruits  of  schism.  There  seems  to  be,  in  some  minds, 
an  honest  doubt,  whether  the  prohibition  in  the  ninth 

*This  article  was  put  to  a  better  use  than  it  deserved,  by  Mr. 
Wm.  L.  Kingsley — who  made  it  the  target  of  "  A  Long-range  Shot," 
in  The  New  Englander,  for  April,  1871  (vol.  xxx.,  pp.  284-304). 

f  By  David  Macrae.  2  vols.  Edinburgh,  1870.  The  passage  was 
quoted  by  Mr.  J.  A.  Picton,  in  "  Notes  and  Queries,"  January,  1871. 


46  INTRODUCTION. 

commandment  really  extends  to  witness  borne  against 
New  England  puritanism. 

Several  communications  on  the  Blue  Laws  appeared 
in  "Notes  and  Queries,"  in  1871.  In  the  number  for 
March  4th  (4th  Series,  vii.  191)  the  Rev.J.  A.  Picton,  after 
searching  all  the  authorities  within  his  reach,  presented 
the  result  of  his  inquiries.  The  work  on  which  he  was 
obliged  mainly  to  rely  was  the  little  volume  published 
by  Silas  Andrus,  in  1825,  as  a  chap  book — with  its 
rude  frontispiece,  representing  the  arrest  of  a  tobacco- 
taker;  but  he  had  also  examined — what  that  compila- 
tion did  not  include — the  genuine  New  Haven  Code 
of  1655.  Of  course,  he  found,  neither  in  this,  nor  in 
the  Connecticut  Code  of  1650,  "the  slightest  traces  of 
the  absurdities  usually  attached  to  the  idea  of  the  Blue 
Laws"  Mr.  Picton  went  further,  and  "having  seen 
what  the  Connecticut  and  New  Haven  Codes  are  not" 
was  at  the  pains  of"  stating  what  they  really  are  " — with 
an  intelligent  appreciation  that  it  is  really  refreshing 
to  meet  with  in  an  English  periodical.  He  is  mistaken 
as  to  the  identification  of  church  and  state — even  in 
New  Haven  Colony,  where  only  church-members  were 
entrusted  with  the  privileges  of  freemen — certainly, 
in  Connecticut;  and  he  seemingly  exaggerates  the 
severity  of  these  codes — as  compared  with  the  laws  of 
England,  at  the  same  period — by  his  reference  to  "  the 
ruthless  sacrifice  of  human  life,"  which  they  exacted. 

"They  are,"  writes  Mr.  Picton,  "very  valuable  illustrations  of  the 
tone  and  temper  of  mind  of  the  stern  pioneers  who  went  out  to 
people  the  wilderness,  and  whose  customs,  manners,  and  civil  and 
religious  opinions  have  been  the  normal  type  after  which  the  great 
American  commonwealth  has  been  modeled.  The  founders  of  New 
England  were  resolute  God-fearing  men  of  the  Roundhead  stamp. 
In  the  foundation  of  their  institutions,  the  following  principles  lie 
at  the  base : — 

1.  Perfect   equality   and   mutual   responsibility  amongst   all   the 
members  of  the  commonwealth. 

2.  The  identity  of  Church  and  State,  with  the  necessary  corollary 
that  all  laws  should  be  founded  on  the  Word  of  God. 

3.  The  obligation  of  the  civil  magistrate  to  enforce  ecclesiastical 
discipline. 

4.  That  the  law  should  take  cognizance  of  immorality  as  well  as 
of  crime. 

These  principles  were  logically  and  relentlessly  carried  out  into 
practice :  sometimes  making  one  shudder  at  the  ruthless  sacrifice  of 
human  life,  and  at  other  times  raising  a  smile  at  the  ludicrous 
minuteness  with  which  the  law  intermeddled  with  private  affairs. 


INTRODUCTION.  4.7 

(i.)  The  Enactments  of  the  Code  breathe  the  true  spirit  of  freedom 
and  equal  rights,  the  system  of  manhood-suffrage  and  annual  elections 
containing  the  germ  of  the  future  institutions  of  the  United  States. 
Several  of  these  laws  are  far  in  advance  of  their  age,  such  as  voting 
by  written  papers,  freedom  of  debtors  from  arrest  except  in  case  of 
fraud,  etc. 

(2.)  The  Word  of  God  was  held  to  be  supreme  in  all  cases  not 
otherwise  provided  for  by  the  law,  and  all  enactments  were  supposed 
to  be  founded  thereon.  Unfortunately  it  was  the  Mosaic  Code 
rather  than  the  Gospel,  which  was  resorted  to 

(3  &  4.)  The  ecclesiastical  discipline  enforced  by  the  magistrate 
descended  to  the  ordinary  intercourse  of  private  life,  in  the  most 
minute  particulars. 

On  this  point,  Mr.  Picton  cited  from  the  New  Haven 
Records,  May,  1660,  the  proceedings  in  the  case  of  two 
young  persons,  "the  charge  being  that,  after  some 
chaffing,  Jacob  had  taken  away  Sarah's  gloves."  We 
have  no  objection  to  joining  him  in  a  laugh  over  this 
or  other  illustrations  of  the  strictness  with  which,  in 
"the  day  of  small  things,"  the  rule  of  righteousness 
was  applied  to  the  conduct  of  individuals.  Indeed, 
some  pains  has  been  taken,  in  making  selections  for 
this  volume,  to  amuse  good-natured  readers, — as  well 
as  to  remove  unfounded  prejudices  and  correct  populai 
misconceptions.  Connecticut  can  well  afford  to  let 
her  records  go  to  the  world.  "There  is  no  State  in 
the  Union,"  wrote  Mr.  Bancroft,  "and  I  know  not  any 
in  the  world,  in  whose  early  history,  if  I  were  a  citizen, 
I  could  find  more  of  which  to  be  proud,  and  less  that  I 
should  wish  to  blot."  "  Nearly  two  centuries  have 
elapsed," — the  same  historian  has  said  elsewhere, — 
"the  world  has  been  wiser  by  various  experience, 
political  institutions  have  become  the  theme  on  which 
the  most  powerful  and  cultivated  minds  have  been 
employed,  dynasties  of  kings  have  been  dethroned, 
recalled,  dethroned  again,  and  so  many  constitutions 
have  been  framed  or  reformed,  stifled  or  subverted, 
that  memory  may  despair  of  a  completed  catalogue; 
but  the  people  of  Connecticut  have  found  no  reason 
to  deviate  from  the  government  established  by  their 
fathers."  The  state  came  to  be  known  as  "the  land  of 
steady  habits,"  and  was  proud  of  the  name.  It  was  her 
boast  that  her  sons  were  "  antiqua  virtute  ac  fide  " — 
which,  according  to  Ainsworth,  is  the  Latin  equivalent 


48  INTRODUCTION. 

of  "  TRUE  BLUE  WILL  NEVER  STAIN."    ("  Di  boni !  "  said 

Terence's  Demea, — 

"  Nae  illiusmodi  jam  nobis  magna  civium 
Penuria  'st,  homo  antiqua  virtute  ac  fide : 
Haud  cito  mail  quid  ortum  ex  hoc  sit  publice.") 

And  to  the  charge  that  "  the  advancement  of  political 
science,  generated  by  our  Revolution,  had  neither  changed 
her  constitution  nor  affected  her  steady  habits" — one  of 
her  poets  replied,  in  1804: 

"  Straight  on  her  course  she  firmly  steers, 

Nor  jibes,  nor  tacks,  nor  scuds,  nor  veers, 

Not  the  whole  force  they  all  can  yield, 

Can  drive  her  vet'rans  from  the  field, 

The  same  pure,  patriotic  fires 

Which  warm'd  the  bosoms  of  their  Sires, 

That  generous,  that  effulgent  flame, 

Which  glow'd  in  WINTHROP'S  deathless  name, 

Unsullied  through  their  bosoms  runs, 

Inspires  and  animates  her  sons." 

The  Constitution  of  1638-9, — "the  first  one  written 
out,  as  a  complete  frame  of  civil  order,  in  the  new 
world,  embodies,"  said  Dr.  Bushnell,  in  his  noble 
Speech  for  Connecticut,  "all  the  essential  features  of 
the  constitutions  of  our  States,  and  of  the  Republic 
itself,  as  they  exist  at  the  present  day.  It  is  the 
free  representative  plan,  which  now  distinguishes  our 
country  in  the  eyes  of  the  world."  Mr.  Calhoun  de- 
clared in  the  Senate  of  the  United  States,  that  it  was 
owing  mainly  to  two  States, — Connecticut  and  New 
Jersey, — that  we  have,  as  a  nation,  "  the  best  government 
instead  of  the  worst  and  most  intolerant  on  earth.  Who 
are  the  men  of  the  States  to  whom  we  are  indebted  for 
this  admirable  government  ?  I  will  name  them,"  he 
said, — "  their  names  ought  to  be  engraved  on  brass  and 
live  forever.  They  were  Chief-Justice  ELLSWORTH, 
ROGER  SHERMAN,  and  Judge  PATTERSON  of  New  Jersey. 
.  .  .  To  the  coolness  and  sagacity  of  these  three  men, 
aided  by  a  few  others,  not  so  prominent,  we  owe  the 
present  Constitution." 


LIBERTY  UNDER  LAW. 

"I  fully  assent  to  those  staple  prirtciples  which  you  set  down  ;  to 
wit,  that  the  people  should  choose  some  from  amongst  them, — that 
they  should  refer  matter  of  counsel  to  their  counsellors,  matter  of  ju- 
dicature to  their  judges  ;  only,  the  question  here  grows,  what  rule 
the  judge  must  have  to  judge  by?  secondly,  who  those  counsellors 
must  be? 

"  That  in  the  matter  which  is  referred  to  the  judge,  the  sentence 
should  lie  in  his  breast  or  be  left  to  his  discretion,  according  to  which 
he  should  go,  I  am  afraid  it  is  a  course  which  wants  both  safety  and 
warrant.  I  must  confess,  I  ever  looked  at  it  as  a  way  which  leads 
directly  to  tyranny  and  so  to  confusion,  and  must  plainly  profess,  if 
it  was  in  my  liberty,  I  should  choose  neither  to  live  nor  leave  my 
posterity  under  such  a  government.  Sit  liber  judex,  as  the  lawyers 
speak.  17  Deut.,  10,  n,  'Thou  shalt  observe  to  do  according  to  all 
that  they  inform,  according  to  the  sentence  of  the  Law'  Thou  shalt 
seek  the  Law  at  his  mouth  :  not  ask  what  his  discretion  allows,  but 
what  the  Law  re-quires.  And  therefore  the  Apostles,  when  the  rulers 
and  high  priest  passed  sentence  against  their  preaching,  as  prejudi- 
cial to  the  State,  the  Apostle  Peter  made  it  not  dainty  to  profess  and 
practice  contrary  to  their  charge,  because  their  sentence  was  contrary 
to  law,  though  they  might  have  pretended  discretion  and  depth  of 
wisdom  and  policy  in  their  charge. 

"And  we  know  in  other  countries,  had  not  the  law  overruled  the 
lusts  of  men  and  the  crooked  ends  of  judges,  many  times,  both  places 
and  people  had  been,  in  reason,  past  all  relief,  in  many  cases  of  diffi-s 
culty.  You  will  know  what  the  heathen  man  said,  by  the  candle- 
light of  common  sense  ;  'The  law  is  not  subject  to  passion,  nor  to  be 
taken  aside  with  self-seeking  ends,  and  therefore  ought  to  have 
chief  rule  over  rulers  themselves.' 

"Its's  also  a  truth,  that  counsel  should  be  sought  from  counsellors  ; 
but  the  question  yet  is,  who  those  should  be  ?  Reserving  small  mat- 
ters, which  fall  in  occasionally  in  common  course,  to  a  lower  counsel, 
in  matters  of  greater  consequence,  which  concern  the  common  good, 
a  general  counsel,  chosen  by  all,  to  transact  businesses  which  con- 
cern all,  I  conceive,  under  favor,  most  suitable  to  rule  and  most  safe 
for  relief  of  the  whole.  This  was  the  practice  of  the  Jewish  church, 
directed  by  God,  Deut.,  17  :  10,  n  ;  2  Chron.,  19  ;and  the  approved 
experience  of  the  best  ordered  States  give  in  evidence  this  way. 


Solomon's  one  wise  man,  and  the  one  wise  woman  in  Abel  that 
delivered  the  city,  shows  the  excellency  of  wisdom  and  counsel 
where  it  is,  but  doth  not  conclude  that  one  or  few  should  be  counsel- 
lors, since  'in  the  multitude  of  counsellors  there  is  safety.'" — Rev, 
Thomas  Hooker's  Letter  to  Gov.  Winthrop  of  Massachusetts,  1638. 


THE    PEOPLE'S   PRIVILEGE    OF    ELECTION;    ABSTRACT 

OF  MR.  HOOKER'S  DISCOURSE  BEFORE  THE  GENERAL 

COURT  AT  HARTFORD,  MAY  31,  1638. 

Deut.  I.  13.  "Take  you  wise  men,  and  understanding,  and  known 
among  your  tribes,  and  I  will  make  them  rulers  over  you."  (Captains 
over  thousands,  and  captains  over  hundreds — over  fifties — over  tens 
etc.) 

Doctrine.  I.  That  the  choice  of  public  magistrates  belongs  unto 
the  people,  by  God's  own  allowance. 

II.  The  privilege  of  election,  which  belongs  to  the  people,  there- 
fore must  not  be  exercised  according  to  their  humours,  but  according 
to  the  blessed  will  and  law  of  God. 

III.  They  who  have  power  to  appoint  officers  and  magistrates,  it 
is  in  their  power,  also,  to  set  the  bounds  and  limitations  of  the  power 
and  place  unto  which  they  call  them. 

Reasons.  I.  Because  the  foundation  of  authority  is  laid,  firstly,  in 
the  free  consent  of  the  people. 

2.  Because,  by  a  free  choice,  the  hearts  of  the  people  will  be  more 
inclined  to  the  love  of  the  persons  chosen  and  more  ready  to  yield 
obedience. 

3.  Because  of  that  duty  and  engagement  of  the  people. 
Uses.     The  lesson  taught  is  threefold  : — 

1st,  There  is  matter  of  thankful  acknowledgment — in  the  appre- 
ciation of  God's  faithfulness  toward  us,  and  the  permission  of  these 
measures  that  God  doth  command  and  vouchsafe. 

adly,  Of  reproof — to  dash  the  conceits  of  all  those  that  shall  oppose 
it. 

3dly,  Of  exhortation — to  persuade  us,  as  God  hath  given  us  Liberty, 
to  take  it. 

And  lastly, — as  God  hath  spared  our  lives,  and  given  us  them  in 
liberty,  so  to  seek  the  guidance  of  God,  and  to  choose  in  God  and/0r 
God. 


I. 

FIRST  CONSTITUTION  OF  CONNECTICUT. 

FUNDAMENTAL    LAWS,  ADOPTED  BY  THE    INHABITANTS 
OF  THE  THREE  RIVER  TOWNS,  1638-9. 

FORASMUCH  as  it  hath  pleased  the  Almighty  God  by 
the  wise  disposition  of  his  divine  providence  so  to 
order  and  dispose  of  things  that  we  the  inhabi- 
tants and  residents  of  Windsor,  Harteford,  and  "Weth- 
ersfield  are  now  cohabiting  and  dwelling  in  and  upon 
the  River  of  Conectecotte  and  the  lands  thereunto 
adjoining ;  and  well  knowing  where  a  people  are  gath- 
ered together  the  word  of  God  requires  that  to  main- 
tain the  peace  and  union  of  such  a  people  there  should 
be  an  orderly  and  decent  Government  established  ac- 
cording to  God,  to  order  and  dispose  of  the  affairs 
of  the  people  at  all  seasons  as  occasion  shall  require ; 
do  therefore  associate  and  conjoin  ourselves  to  be  as 
one  Public  State  or  Commonwealth  ;  and  do,  for  our- 
selves and  our  Successors,  and  such  as  shall  be  adjoined 
to  us  at  any  time  hereafter,  enter  into  combination  and 
confederation  together,  to  maintain  and  preserve  the 
liberty  and  purity  of  the  gospel  of  our  Lord  Jesus 
which  we  now  profess,  as  also  the  discipline  of  the 
Churches,  which  according  to  the  truth  of  the  said 
gospel  is  now  practiced  amongst  us ;  as  also  in  our 
Civil  Affairs  to  be  guided  and  governed  according  to 

51 


52  FIRST  CONSTITUTION 

such  laws,  rules,  orders,  and  decrees,  as  shall  lie  made 
ordered  and  decreed,  as  followeth  : — 

1.  It  is  Ordered,  sentenced,  and  decreed,  that  there 
shall  be  yearly  two  General  Assemblies  or  Courts,  the 
one  the  second  Thursday  in  April,  the  other  the  second 
Thursday  in  September  following ;  the  first  shall  be 
called  the  Court  of  Election,  wherein  shall  be  yearly 
chosen  from  time  to  time  so  many  magistrates  and 
other  public  officers  as  shall  be  found  requisite :  where- 
of one  to  be  chosen  Governor  for  the  year  ensuing  and 
until  another  be  chosen,  and  no  other  magistrate  to  be 
chosen  for  more  than  one  year ;  provided  always  there 
be  six  chosen  besides  the  Governor ;  which  being  cho- 
sen and  sworn  according  to  an  oath  recorded  for  that 
purpose,  shall  have  power  to  administer  justice  accord- 
ing to  the  laws  here  established,  and  for  want  thereof 
according  to  the  rule  of  the  word  of  God ;    which 
choice  shall  be  made  by  all  that  are  admitted  freemen 
and  have  taken  the  Oath  of  Fidelity,  and  do  cohabit 
within  this  jurisdiction,  (having  been  admitted  inhab- 
itants by  the  major  part  of  the  town  wherein  they  live,*) 
or  the  major  part  of  such  as  shall  be  then  present. 

2.  It  is  Ordered,  sentenced,  and  decreed,  that  the 
election  of  the  aforesaid  magistrate  shall  be  on  this 
manner  :  every  person  present  and  qualified  for  choice 
shall  bring  in  ( to  the  persons  deputed  to  receive  them) 
one  single  paper,  with  the  name  of  him  written  in  it 
whom  he  desires  to  have  Governor,  and  he  that  hath 
the  greatest  number  of  papers  shall  be  Governor  for 
that  year.   And  the  rest  of  the  magistrates  or  public 
officers  to  be  chosen  in  this  manner  :  The  secretary  for 


*  This  clause  has  been  interlined,  in  a  different  handwriting  and 
at  a  more  recent  period. 


OF  CONNECTICUT.  53 

the  time  being  shall  first  read  the  names  of  all  that 
are  to  be  put  to  choice  and  then  shall  severally  nomi- 
nate them  distinctly,  and  every  one  that  would  have 
the  person  nominated  to  be  chosen  shall  bring  in  one 
single  paper  written  upon,  and  he  that  would  not  have 
him  chosen  shall  bring  in  a  blank  ;  and  every  one  that 
hath  more  written  papers  than  blanks  shall  be  a  magis- 
trate for  that  year  ;  which  papers  shall  be  received  and 
told  by  one  or  more  that  shall  be  then  chosen  by  the 
court  and  sworn  to  be  faithful  therein  ;  but  in  case 
there  should  not  be  six  chosen  as  aforesaid,  besides  the 
Governor,  out  of  those  which  are  nominated,  then  he 
or  they  which  have  the  most  written  papers  shall  be  a 
magistrate  or  magistrates  for  the  ensuing  year,  to 
make  up  the  foresaid  number. 

3.  It  is  Ordered,  sentenced,  and  decreed,  that  the 
secretary  shall  not  nominate   any  person,  nor  shall 
any  person  be  chosen  newly  into  the  magistracy,  which 
was  not  propounded  in  some  General  Court  before,  to 
be  nominated  the  next  election ;  and  to  that  end  it 
shall  be  lawful  for  each  of  the  towns  aforesaid  by  their 
deputies  to  nominate  any  two  whom  they  conceive  fit  to 
be  put  to  election ;  and  the  court  may  add  so  many 
more  as  they  judge  requisite. 

4.  It  is  Ordered,  sentenced,  and  decreed,  that  no  per- 
son be  chosen  Governor  above  once  in  two  years,  and 
that  the  Governor  be  always  a  member  of  some  ap- 
proved congregation,  and  formerly  of  the  magistracy 
within  this  jurisdiction  ;  and  all  the  magistrates,  free- 
men of  this  commonwealth  :  and  that  no  magistrate  or 
other  public  officer  shall  execute  any  part  of  his  or 
their  office  before  they  are  severally  sworn,  which 
shall  be  done  in  the  face  of  the  court  if  they  be  pre- 


54:  FIRST  CONSTITUTION 

sent,  and  in  case  of  absence  by  some  deputed  for  that 
purpose. 

5.  It  is  Ordered,  sentenced,  and  decreed,  that  to  the 
aforesaid  Court  of   election  the  several  towns  shall 
send  their  deputies,  and  when  the  elections  are  ended 
they  may  proceed  in  any  public  service  as  at  other 
courts.     Also  the  other  General  Court  in  September 
shall  be  for  making  of  laws,  and  any  other  public  oc- 
casion which  concerns  the  good  of  the  commonwealth. 

6.  It  is  Ordered,  sentenced,  and  decreed,  that  the 
Governor  shall,  either  by  himself  or  by  the  secretary, 
send  out  summons  to  the  constables  of  every  town 
for  the    calling   of  these   two  standing  courts,  one 
month  at  least  before  their  several  times  :    And  also 
if  the  Governor  and  the  greatest  part  of  the  magis- 
trates see  cause  upon  any  special  occasion  to  call  a 
General  Court,  they  may  give  order  to  the  secretary 
so  to  do  within  fourteen  days  warning:  and  if  urgent 
necessity  so  require,  upon  a  shorter  notice,  giving 
sufficient  grounds  for  it  to  the  deputies  when  they 
meet,  or  else  be  questioned  for  the  same  ;  And  if  the 
Governor  and  major  part  of  magistrates  shall  either 
neglect  or  refuse  to   call   the  two  general  standing 
courts  or  either  of  them,  as  also  at  other  times  when 
the  occasions  of  the  commonwealth  require,  the  free- 
men thereof,  or  the  major  part  of  them,  shall  petition 
to  them  so  to  do  :  if  then  it  be  either  denied  or  neg- 
lected, the  said  freemen  or  the  major  part  of  them 
shall  have  power  to  give  order  to  the  constables  of 
the  several  towns  to  do  the  same,  and  so  may  meet 
together,  and  choose  to  themselves  a  moderator,  and 
may  proceed  to  do  any  act  of  power  which  any  other 
General  Court  may. 


OF  CONNECTICUT.  55 

7.  It  is  Ordered,  sentenced,  and  decreed,  that  after 
there  are  warrants  given  out  for  any  of  the  said  Gen- 
eral Courts,  the  constable  or  constables  of  each  town 
shall  forthwith  give  notice  distinctly  to  the  inhab- 
itants of  the  same,  in  some  public  assembly  or  by  go- 
ing or  sending  from  house  to  house,  that  at  a  place 
and  time  by  him  or  them  limited  and  set,  they  meet 
and  assemble  themselves  together  to  elect  and  choose 
certain  deputies  to  be  at  the  General  Court  then  fol- 
lowing, to  agitate  the  affairs  of  the  commonwealth ; 
which  said  deputies  shall  be  chosen  by  all  that  are 
admitted  inhabitants  in  the  several  towns  and  have 
taken  the  oath  of  fidelity;*  provided  that  none  be 
chosen  a  deputy  for  any  General  Court  which  is  not 
a  freeman  of  this  commonwealth. 

The  foresaid  deputies  shall  be  chosen  in  manner 
following:  every  person  that  is  present  and  qualified 
as  before  expressed,  shall  bring  the  names  of  such, 
written  in  several  papers,  as  they  desire  to  have 
chosen  for  that  employment,  and  these  three  or  four, 
more  or  less,  being  the  number  agreed  on  to  be  chosen 
for  that  time,  that  have  the  greatest  number  of  papers 
written  for  them,  shall  be  deputies  for  that  court ;  whose 
names  shall  be  endorsed  on  the  back  side  of  the  war- 
rant and  returned  into  the  court,  with  the  constable 
or  constables'  hand  unto  the  same. 

8.  It  is  Ordered,  sentenced,  and  decreed,  that  "Wind- 
sor, Hartford,  and  Wethersfield  shall  have  power,  each 

*  "  Whereas  in  the  Fundamental  Order  it  is  said  'that  such  who 
have  taken  the  oath  of  fidelity  and  are  admitted  inhabitants'  shall 
be  allowed  as  qualified  for  choosing  of  deputies,  the  Court  declares 
their  judgment,  that  such  only  shall  be  counted  admitted  inhabi- 
tants, who  are  admitted  by  a  general  vote  of  the  major  part  of  the 
town  that  receiveth  them."— Voted,  Nov,  10,  1643, 


56  FIRST  CONSTITUTION 

town,  to  send  four  of  their  freedmen  as  their  depu- 
ties to  every  General  Court ;  and  whatsoever  other 
towns  shall  be  hereafter  added  to  this  jurisdiction, 
they  shall  send  so  many  deputies  as  the  court  shall 
judge  meet,  a  reasonable  proportion  to  the  number  of 
freemen  that  are  in  the  said  towns  being  to  be  attended 
therein ;  which  deputies  shall  have  the  power  of  the 
whole  town  to  give  their  votes  and  allowance  to  all 
such  laws  and  orders  as  may  be  for  the  public  good, 
and  unto  which  the  said  towns  are  to  be  bound. 

9.  It   is  Ordered  and   decreed,  that  the  deputies 
thus  chosen  shall  have  power  and  liberty  to  appoint 
a  time  and  a  place  of  meeting  together  before  any 
General  Court,  to  advise  and  consult  of  all  such  things 
as  may  concern  the  good  of  the  public,  as  also  to  ex- 
amine their  own  elections,  whether  according  to  the 
order,  and  if  they  or  the  greatest  part  of  them  find 
any  election  to  be  illegal  they  may  seclude  such  for 
present  from  their  meeting,  and  return  the  same  and 
their  reasons  to  the  court ;  and  if  it  prove  true,  the 
court  may  fine  the  party  or  parties  so  intruding  and 
the  town,  if  they  see  cause,  and  give  out  a  warrant  to 
go  to  a  new  election  in  a  legal  way,  either  in  part  or 
in  whole.     Also  the  said  deputies  shall  have  power  to 
fine  any  that  shall  be  disorderly  at  their  meetings,  or 
for  not  coming  in  due  time  or  place  according  to  ap- 
pointment ;  and  they  may  return  the  said  fines  into 
the  court  if  it  be  refused  to  be  paid,  and  the  treasurer 
to  take  notice  of  it,  and  to  estreat  or  levy  the  same 
as  he  doth  other  fines. 

10.  it  is  Ordered,  sentenced,  and  decreed,  that  every 
General  Court,  except  such  as  through  neglect  of  the 
Governor  aud  the  greatest  part   of   magistrates  the 


OF  CONNECTICUT.  57 

freemen  themselves  do  call,  shall  consist  of  the  Gov- 
ernor, or  some  one  chosen  to  moderate  the  court,  and 
four  other  magistrates  at  least,  with  the  major  part 
of  the  deputies  of  the  several  towns  legally  chosen ; 
and  in  case  the  freemen  or  major  part  of  them,  through 
neglect  or  refusal  of  the  Governor  and  major  part  of 
the  magistrates,  shall  call  a  court,  it  shall  consist  of 
the  major  part  of  freemen  that  are  present  or  their 
deputies,  with  a  moderator  chosen  by  them  :  In  which 
said  General  Courts  shall  consist  the  supreme  power 
of  the  Commonwealth,  and  they  only  shall  have  power 
to  make  laws  or  repeal  them,  to  grant  levies,  to  admit 
of  freomsn,  dispose  of  lands  undisposed  of,  to  several 
towns  or  persons,  and  also  shall  have  power  to  call 
either  court  or  magistrate  or  any  other  person  whatso- 
ever into  question  for  any  misdemeanor,  and  may  for 
just  causes  displace,  ordeal  otherwise,  according  to  the 
nature  of  the  offence ;  and  also  may  deal  in  any  other 
matter  that  concerns  the  good  of  this  commonwealth, 
except  election  of  magistrates,  which  shall  be  done  by 
the  whole  body  of  freemen. 

In  which  Court  the  Governor  or  Moderator  shall 
have  power  to  order  the  court,to  give  liberty  of  speech, 
and  silence  unseasonable  and  disorderly  speakings,  to 
put  all  things  to  vote,  and  in  case  the  vote  be  equal  to 
have  the  casting  voice.  But  none  of  these  courts  shall 
be  adjourned  or  dissolved  without  the  consent  of  the 
major  part  of  the  court. 

11.  It  is  ordered,  sentenced,  and  decreed,  that  when 
any  General  Court  upon  the  occasions  of  the  common- 
wealth have  agreed  upon  any  sum  or  sums  of  money 
to  be  levied  upon  the  several  towns  within  this  Juris- 
diction, that  a  committee  be  chosen  to  set  out  and  ap- 
point what  shall  be  the  proportion  of  every  town  to 


58  OFFICIAL  OATHS- 

pay  of  the  said  levy ;  provided  the  committees  be  made 
up  of  an  equal  number  out  of  each  town. 

14th  January,  1638-39,  the  11  Orders  above  said 
are  voted. 

THE  OATH  OF  THE  GOVERNOR,  FOR  THE  PRESENT. 

I,  N.  W.  being  now  chosen  to  be  Governor  within 
this  Jurisdiction  for  the  year  ensuing,  arid  until  a 
new  be  chosen,  do  swear  by  the  great  and  dreadful 
name  of  the  everliving  God,  to  promote  the  public 
good  and  peace  of  the  same,  according  to  the  best  of 
my  skill;  as  also  will  maintain  all  lawful  privileges  of 
this  commonwealth ;  as  also  that  all  wholesome  laws 
that  are  or  shall  be  made  by  lawful  authority  here 
established,  be  duly  executed;  and  will  further  the 
execution  of  justice  according  to  the  rule  of  God's 
word ;  so  help  me  God,  in  the  name  of  the  Lord 
Jesus  Christ. 

THE  OATH  OF  A  MAGISTRATE,  FOR  THE  PRESENT. 

I,  K.  W.  being  chosen  a  Magistrate  within  this  Ju- 
risdiction for  the  year  ensuing,  do  swear  by  the  great 
and  dreadful  name  of  the  everliving  God,  to  promote 
the  public  good  and  peace  of  the  same,  according  to 
the  best  of  my  skill,  and  that  I  will  maintain  all  the 
lawful  privileges  thereof  according  to  my  under- 
standing, as  also  assist  in  the  execution  of  all  such 
wholesome  laws  as  are  made  or  shall  be  made  by 
lawful  authority  here  established,  and  will  further  the 
execution  of  Justice  for  the  time  aforesaid,  according 
to  the  righteous  rule  of  God's  word;  so  help  me 
God,  etc. 

THE  OATH  OF  A  CONSTABLE. 

I,  A.  B.,  of  W,  do  swear  by  the  great  and  dreadful 


OF  CONNECTICUT.  59 

name  of  the  overliving  God,  that  for  the  year  ensuing, 
and  until  a  new  be  chosen,  I  will  faithfully  execute 
the  office  and  place  of  a  Constable,  for  and  within  the 
said  plantation  of  W.  and  the  limits  thereof,  and  that 
I  will  endeavour  to  preserve  the  public  peace  of  the 
said  place,  and  Commonwealth,  and  will  do  my  best 
endeavour  to  see  all  watches  and  wards  executed,  and 
to  obey  and  execute  all  lawful  commands  or  warrants 
that  come  from  any  Magistrate  or  Magistrates  or 
Court;  so  help  me  God,  in  the  Lord  Jesus  Christ. 


II. 

CAPITAL  LAWS. 

CAPITAL  LAWS  ESTABLISHED  BY  THE  GENERAL  COURT, 
THE  FIRST  OF  DECEMBER,  1642.* 

1.  If  any  man  after  legal  conviction  shall  have  or 
worship  any  other  God  but  the  Lord  God,  he  shall  be 
put  to  death.  Deut.  13.  G,  and  17.  2  :  Ex.   22.  20. 

2.  If  any  man  or  woman  be  a  witch  (  that  is,  hath  or 
cbnsulteth  with  a  familiar  spirit,)  they  shall  be  put  to 
death.    Ex.  22.  18:  Lev.  20.  27:  Deut.  18. 10,  11. 

3.  If  any  person  shall  blaspheme  the  name  of  God, 

*A11  these  are  copied  from  the  capital  laws  of  Massachusetts,  es- 
tablished (with  her  Body  of  Liberties  ),  Dec.  1641, — except  the  9th 
(against  rape  of  a  married  or  betrothed  woman )  which  was  enacted 
by  Massachusetts,  in  June,  1G42.  One  of  the  Massachusetts  laws, 
punishing  -manslaughter  with  death,  was  not  adopted  by  Connecti- 
cut, and  only  the  first  clause  of  the  Massachusetts  law  against  con- 
spiracy, rebellion,  etc.,  waa  taken. 


60  CAPITAL  LAWS. 

the  Father,  Son  or  Holy  Ghost,  with  direct,  express, 
presumptuous,  or  highhanded  blasphemy,  or  shall  curse 
God  in  the  like  manner,  he  shall  be  put  to  death. 
Lev.  24.  15,  16. 

4.  If  any  person  shall  commit  any  wilful  murder, 
which  is  manslaughter  committed  upon  malice,  hatred, 
or  cruelty,  not  in  a  man's  necessary  and  just  defence, 
nor  by  mere  casualty  against  his  will,  he  shall  be  put 
to  death.     Ex.  21.  12,  13,  14.  Numb.  35.  30,  31. 

5.  If  any  person  shall  slay  another  through  guile, 
either  by  poisonings  or  other  such  devilish  practice, 
he  shall  be  put  to  death.    Ex.  21.  14. 

6.  If  any  man  or  woman  shall  lie  with  any  beast 
or  brute  creature,  by  carnal  copulation,  they  shall 
surely  be  put  to  death,  and  the  beast  shall  be  slain  and 
buried.     Lev.  20.  15,  16. 

7.  If  any  man  lie  with  mankind  as  he  lieth  with  a 
woman,  both  of  them  have  committed  abomination, 
they  both  shall  surely  be  put  to  death.     Lev.  20. 13. 

8.  If  any  person  committeth  adultery  with  a  mar- 
ried or  espoused  wife,  the  adulterer  and  the  adulteress 
shall  surely  be  put  to  death.    Lev.  20.  10,  and  18. 
20 :  Deut.  22.  23,  24. 

9.  If  any  man  shall  forcibly  and  without  consent 
ravish  any  maid  or  woman  that  is  lawfully  married 
or  contracted,  he  shall  be  put  to  death.  Deut.  22.  25. 

10.  If  aay  man  stealeth  a  man  or  mankind,  he  shall 
be  put  to  death.     Ex.  21.  16. 

11.  If  any  man  rise  up  by  false  witness,  wittingly 
and  of  purpose  to  take  away  any  man's  life,  he  shall 
be  put  to  death.     Deut.  19.  16,  18,  19. 

12.  If  any  man  shall  conspire  or  attempt  any  inva- 
sion, insurrection  or  rebellion  against  the  common- 
wealth, he  shall  be  put  to  death. 


III. 

THE  FIRST  CODE  OF  LAWS, 

ESTABLISHED   BY   THE    GENERAL   COURT   OF  CONNECTICUT, 
MAY,    1650.* 

Forasmuch  f  as  the  free  fruition  of  such  liberties, 
immunities,  and  privileges,  as  humanity,  civility,  and 
Christianity  call  for,  as  due  to  every  man  in  his  place 
and  proportion,  without  impeachment  and  infringe- 
ment, hath  ever  been  and  ever  will  be  the  tranquillity 
and  stability  of  churches  and  commonwealths,  and  the 
denial  or  deprival  thereof,  the  disturbance  if  not  ruin 
of  both  :- 

It  is  therefore  ordered  by  this  court  and  authority 
thereof,  that  no  man's  life  shall  be  taken  away,  no 
man's  honor  or  good  name  shall  be  stained,  no  man's 
person  shall  be  arrested,  restrained,  banished,  dismem- 
bered, nor  any  way  punished,  no  man  shall  be  deprived 
of  his  wife  or  children,  no  man's  goods  or  estate  shall 
be  taken  away  from  him,  nor  any  ways  endarnaged, 
under  color  of  law  or  countenance  of  authority,  unless 
it  be  by  the  virtue  or  equity  of  some  express  law  of 
the  country  warranting  the  same,  established  by  a 

*  See  the  introduction,    page  38. 

t  The  preamble  and  the  paragraph  which  follows  are  copied 
from  the  Massachusetts  Body  of  Liberties  (  or  from  the  Massachu- 
setts Book  of  Laws  printed  in  1648  ). 

61 


62  FIRST  CODE 

General  Court  and  sufficiently  published,  or,  in  case  of 
the  defect  of  a  law  in  any  particular  case,  by  the  word 
of  God. 

ABILITY. 

It  is  ordered  by  this  court,  that  all  persons  of  the 
age  of  twenty-one  years  and  of  right  understanding, 
whether  excommunicated,  condemned,  or  other,  shall 
have  full  power  and  liberty  to  make  their  wills  and 
testaments,  and  other  lawful  alienations  of  their 
lands  and  estates  and  may  be  plaintiffs  in  a  civil  case. 

ACTIONS. 

It  is  further  ordered  and  decreed,  that  in  all  actions 
brought  to  any  court,  the  plaintiff  shall  have  liberty 
to  withdraw  his  action,  or  to  be  nonsuited,  before  the 
jury  have  given  in  their  verdict,  in  which  case  he  shall 
always  pay  full  costs  and  charges  to  the  defendant, 
and  may  afterward  renew  his  suit  at  another  court, 
the  former  nonsuit  being  first  recorded. 

AGE. 

It  is  ordered  by  this  court  and  the  authority  there- 
of, that  the  age  fpr  passing  away  of  lands  or  such  kind 
of  hereditaments,  or  for  giving  of  votes,  verdicts,  or 
sentences  in  any  civil  courts  or  causes,  shall  be  twenty 
and  one  years,  but  in  case  of  choosing  of  guardians, 
fourteen  years. 

AKKESTS. 

It  is  ordered  and  decreed  by  this  court  and  author- 
'ity  thereof,  that  no  person  shall  be  arrested   or  im- 
prisoned for  any  debt  or  fine,  if  law  can  find  any 
competent  means  of  satisfaction  otherwise  from  his 


OF  CONNECTICUT.  63 

estate  ;  and  if  not,  liis  person  may  be  arrested  and  im- 
prisoned, where  lie  shall  be  kept  at  his  own  charge, 
not  the  plaintiff's,  till  satisfaction  be  made,  unless  the 
court  that  had  cognizance  of  the  cause  or  some  supe- 
rior court  shall  otherwise  determine  ;  provided  never- 
theless, that  no  man's  person  shall  be  kept  in  prison 
for  debt,  but  when  there  appears  some  estate  which  he 
will  not  produce,  to  which  end  any  court  or  commis- 
sioners authorized  by  the  general  court  may  admin- 
ister an  oath  to  the  party  or  any  others  suspected  to 
be  privy  in  concealing  his  estate ;  and  if  no  estate 
appear,  he  shall  satisfy  the  debt  by  service,  if  the  credi- 
itor  require  it,  but  shall  not  be  sold  to  any  but  of  the 
English  nation. 

ATTACHMENTS. 

It  is  ordered,  sentenced,  and  decreed,  that  the  ordi- 
nary summons  or  process  for  the  present  within  this 
jurisdiction  and  until  other  provision  made  to  the  con- 
trary, be  a  warrant  fairly  written,  under  some  magis- 
trate or  magistrates'  hand  or  hands,  mentioning  the 
time  and  place  of  appearance,  and  if  the  said  party 
or  parties  do  not  appear  according  to  the  said  warrant 
or  summons,  upon  affidavit  first  made  of  the  serving  of 
the  said  person  or  persons,  the  court  shall  grant  an  at- 
tachment against  the  person  or  persons  delinquent  to 
arrest  or  apprehend  the  said  person  or  persons  for  his 
or  their  wilful  contempt ;  and  in  case  no  sufficient 
security  or  bail  be  tendered,  to  imprison  the  party  or 
parties,  returnable  the  next  court  that  is  capable  to 
take  cognizance  of  the  said  business  in  question  ;  and 
upon  return  of  the  said  attachment,  the  said  court  to 
do  therein  as  according  to  the  laws  and  orders  of  this 


64:  FIRST  CODE 

jurisdiction ;  and  in  that  case  also  the  party  delinquent 
to  bear  his  own  charge. 

It  is  also  ordered,  that  attachments  to  seize  upon 
any  man's  lands  or  estate  be  only  granted  for,  or 
against,  such  goods  as  are  foreigners'  and  do  not  dwell 
or  inhabit  within  this  jurisdiction  ;  or  in  any  case 
upon  credible  information  it  appear  that  any  inhabit- 
ant that  is  indebted,  or  engaged,  go  about  to  convey 
away  his  estate  to  defraud  his  creditors,  or  to  convey 
away  his  person  out  of  this  jurisdiction,  so  as  the  pro- 
cess of  this  jurisdiction  may  not  be  served  upon  his 
person  ;  in  that  or  any  other  just  causes  there  may  be 
attachment  or  attachments  granted  upon  the  limita- 
tions expressed ;  provided  that  in  all  cases  of  attach- 
ments, all  or  any  of  the  creditors  have  liberty  to  de- 
clare upon  the  said  attachment,  if  he  come  in  at  the 
return  of  the  said  attachment;  provided  also,  that  if 
any  attachment  laid  upon  any  man's  estate,  upon  a  pre- 
tence of  a  great  sum,  and  if  it  be  not  proved  to  be 
due  in  some  near  proportion  to  the  sum  challenged 
and  mentioned  in  the  attachment,  then  the  security 
given  shall  be  liable  to  such  damages  as  are  sustained 
thereby. 

It  is  further  ordered  and  decreed  by  this  court,,  that 
whosoever  takes  out  an  attachment  against  any  man's 
person,  goods,  chattels,  lands  or  hereditaments,  suffi- 
cient security  and  caution  shall  be  given  by  him  to 
prosecute  his  action  in  Court  and  to  answer  the  de- 
fendant such  costs  as  shall  be  awarded  him  by  the 
court ;  and  in  all  attachments  of  goods  or  lands,  legal 
notice  shall  be  given  unto  the  party  or  left  in  writ- 
ing at  his  house  or  place  of  usual  abode  if  he  live 
within  this  jurisdiction,  otherwise  his  suit  shall  not 


OF  CONNECTICUT.  65 

proceed.  And  it  is  further  ordered  and  declared,  that 
every  man  shall  have  liberty  to  replevy  his  cattle  or 
goods  impounded,  distrained,  seized  or  extended,  ( un- 
less it  be  upon  execution  after  judgment  and  in  pay- 
ment of  fines,)  provided  in  like  manner  he  put  in  good 
security  to  prosecute  his  replevy  and  to  satisfy  such 
damage,  demands  or  dues  as  his  adversary  shall  recover 
against  him  in  law. 

BALLAST. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  no  ballast  shall  be  taken  from  any  shore  in  any 
town  within  this  jurisdiction,  by  any  person  what- 
soever, without  allowance  under  the  hands  of  those 
men  that  are  to  order  the  affairs  in  each  town,  upon 
the  penalty  of  six  pence  for  every  shovel  full  so  taken, 
unless  such  stones  as  they  had  laid  there  before.  It 
is  also  ordered  by  the  authority  aforesaid,  that  no 
ship  nor  other  vessel  shall  cast  out  any  ballast  in  the 
channel  or  other  place  inconvenient,  in  any  harbor 
within  this  jurisdiction ;  upon  the  penalty  of  ten 
pounds. 

BARRATRY. 

It  is  ordered,  decreed,  and  by  this  court  declared, 
that  if  any  man  be  proved  and  adjudged  a  common 
barrater,  vexing  others  with  unjust,  frequent  and 
needless  suits,  it  shall  be  in  the  power  of  courts  both 
to  reject  his  cause  and  to  punish  him  for  his  barratry. 

BILLS. 

It  is  ordered  by  the  authority  of  this  court,  that 
any  debt  or  debts  due  upon  bill  or  other  specialty 
assigned  to  another,  shall  be  as  good  a  debt  and  estate 


66  FIRST  CODE 

to  the  assignee  as  it  was  to  the  assignor,  at  the  time 
of  its  assignation,  and  that  it  shall  be  lawful  for  the 
said  assignee  to  sue  for  and  recover  the  said  debt  due 
upon  bill  and  so  assigned,  as  fully  as  the  original 
creditor  might  have  done ;  provided  the  said  assign- 
ment be  made  upon  the  backside  of  the  bill  or  specialty; 
not  excluding  any  just  or  clear  interest  any  man  may 
have  in  any  bills  or  specialties  made  over  to  them  by 
letters  of  attorney  or  otherwise. 

BOUNDS   OF   TOWNS   AND   PARTICULAE   LANDS. 

Forasmuch  as  the  bounds  of  towns  and  of  the  lands 
of  particular  persons  are  carefully  to  be  maintained, 
and  not  without  great  danger  to  be  removed  by  any ; 
which  notwithstanding  by  deficiency  and  decay  of 
marks  may  at  unawares  be  done,  whereby  great 
jealousies  of  persons,  trouble  in  towns  and  incum- 
brances  in  courts  do  often  arise,  which  by  due  care 
and  means  might  be  prevented: 

It  is  therefore  ordered  by  this  court  and  authority 
thereof,  that  every  town  shall  set  out  their  bounds 
within  twelve  months  after  the  publishing  hereof, 
and  after  their  bounds  are  granted ;  and  that  when 
their  bounds  are  once  set  out,  once  in  the  year  three 
or  more  persons  in  the  town,  appointed  by  the  select- 
men, shall  appoint  with  the  adjacent  towns  to  go  the 
bounds  betwixt  their  said  towns  and  renew  their 
marks,  which  marks  shall  be  a  great  heap  of  stones 
or  a  trench  of  six  foot  long  and  two  foot  broad,  the 
most  ancient  town  (which  for  the  river  is  determined 
by  the  court  to  be  Wethersfield,*)  to  give  notice  of  the 

*  This  early  decision,  by  the  General  Court,  of  the  question  of 
priority  of  settlement  of  the  River  towns,  seems  to  have  been  over- 
looked by  writers  on  our  colonial  history.  The  clause  within  the 


OF  CONNECTICUT.  6f 

time  and  place  of  meeting  for  this  perambnlation, 
which  time  shall  be  in  the  first  or  second  mouth,  upon 
pain  of  five  pounds  for  every  town  that  shall  neglect 
the  same ;  provided,  that  the  three  men  appointed  for 
perambulation  shall  go  in  their  several  quarters,  by 
order  of  the  selectmen  and  at  the  charge  of  the  several 
towns.  And  it  is  further  ordered,  that  if  any  par- 
ticular proprietor  of  lands  lying  in  common  with 
others  shall  refuse  to  go,  by  himself  or  his  assign,  the 
bounds  betwixt  his  land  and  other  men's,  once  a  year, 
in  the  first  or  second  month,  being  requested  thereunto 
upon  one  week's  warning,  he  shall  forfeit  for  every 
day  so  neglecting,  ten  shillings,  half  to  the  party  mov- 
ing thereto,  the  other  half  to  the  town.  And  the 
owners  of  all  impropriated  grounds  shall  bound  every 
particular  parcel  thereof  with  sufficient  mear  stones, 
and  shall  preserve  and  keep  them  BO  upon  the  former 
penalty. 

BURGLARY  AND  THEFT. 

Forasmuch  as  many  persons  of  late  years  have  been 
and  are  apt  to  be  injurious  to  the  goods  and  lives  of 
others,  notwithstanding  all  care  and  means  to  prevent 
and  punish  the  same: 

It  is  therefore  ordered  by  this  court  and  authority 
thereof,  that  if  any  person  shall  commit  burglary,  by 
breaking  up  any  dwelling  house,  or  shall  rob  any 
person  in  the  field  or  highways,  such  a  person  so 
offending  shall  for  the  first  oSence  be  branded  on  the 

parenthesis  is,  in  the  original  record,  interlined.  As,  however, 
it  is  in  the  handwriting  of  Capt.  Cullick,  who  ceased  to  be  Sec- 
retary in  1658,  the  interlineation  must  have  been  made  within  a 
few  years  after  the  adoption  of  the  code.  The  clause  is  retained 
in  the  first  printed  revision  of  the  Laws,  of  1672-3,  and  in  that  of 
1702;  but  is  omitted  in  subsequent  revisions. 


68  FIRST  CODE 

forehead  with  the  letter  (B) :  If  he  shall  offend  in 
the  same  kind  the  second  time,  he  shall  be  branded 
as  before,  and  also  be  severely  whipped ;  and  if  he 
shall  fall  into  the  same  offence  the  third  time,  he 
shall  be  put  to  death  as  being  incorrigible.  And 
if  any  person  shall  commit  such  burglary  or  rob 
in  the  fields  or  house  on  the  Lord's  day,  besides  the 
former  punishments,  he  shall  for  the  first  offence  have 
one  of  his  ears  cut  off ;  and  for  the  second  offence  in 
the  same  kind,  he  shall  lose  his  other  ear  in  the  same 
manner ;  and  if  he  fall  into  the  same  offence  the  third 
time,  he  shall  be  put  to  death. 

2.  Secondly,  for  the  prevention  of  pilfering  and 
theft,  it  is  ordered  by  this  court  and  authority  there- 
of, that  if  any  person,  whether  children,  servants  or 
others,  shall  be  taken  or  known  to  rob  any  orchards 
or  garden,  that  shall  hurt  or  steal  away  any  grafts  or 
fruit  trees,  fruits,  linen,  woolen,  or  any  other  goods 
left  out  in  orchards,  gardens,  backsides,  or  other 
place  in  house  or  fields,  or  shall  steal  any  wood  or 
or  other  goods  from  the  waterside,  from  men's  doors 
or  yards,  he  shall  forfeit  treble  damage  to  the  owners 
thereof,  and  such  severe  punishment  as  the  court 
shall  think  meet. 

And  forasmuch  as  many  times  it  so  falls  out  that 
small  thefts  and  other  offences  of  a  criminal  nature 
are  committed,  both  by  English  and  Indians,  in  towns 
remote  from  any  prison  or  other  fit  place  to  which 
such  malefactors  may  be  committed  till  the  next  court ; 
It  is  therefore  hereby  ordered,  that  any  magistrate, 
upon  complaint  made  to  him,  may  hear  and  upon  due 
proof  determine  any  such  small  offences  of  the  afore- 
said nature,  according  to  the  laws  here  established,  and 


OF  CONNECTICUT.  69 

give  warrant  to  the  constable  of  that  town  where  the 
offender  lives  to  levy  the  same,  provided  the  damage 
or  line  exceed  not  forty  shillings ;  provided  also  it 
shall  be  lawful  for  either  party  to  appeal  to  the  next 
court  to  be  holden  in  that  jurisdiction,  giving  sufficient 
caution  to  prosecute  the  same  to  effect  at  the  said 
court.  And  every  magistrate  shall  make  return 
yearly  to  the  court  of  the  jurisdiction  wherein  he 
liveth,  of  what  cases  he  hath  so  ended.  And  also  the 
constable,  of  all  such  fines  as  they  have  received ; 
and  where  the  offender  hath  nothing  to  satisfy,  such 
magistrate  may  punish  by  stocks  or  whipping,  as  the 
cause  shall  deserve.  » 

It  is  also  ordered  that  all  servants  or  workmen  em- 
bezzling the  goods  of  their  masters,  or  such  as  set 
them  on  work,  shall  make  restitution,  and  be  liable  to 
all  laws  and  penalties  as  other  men. 

CAPITAL   LAWS. 

[Of  the  Capital  Laws,  fourteen  in  number,  the  first  twelve  agree, 
word  for  word,  with  those  adopted  in  Dec.  1G42,  printed  on  pages 
59,  GO.  It  has  not  been  thought  necessary  to  repeat  them  here.  The 
others  follow  : — ] 

13.  If  any  child  or  children  about  sixteen  years 
old  and  of  sufficient  understanding,  shall  curse  or  smite 
their  natural  father  or  mother,  he  or  they  shall  be  put 
to  death,  unless  it  can  be  sufficiently  testified  that  the 
parents  have  been  very  unchristianly  negligent  in  the 
education  of  such  children,  or  so  provoke  them  by  ex- 
treme  and   cruel   correction,   that    they   have   been 
forced  thereunto  to  preserve  themselves  from  death 
or  maiming.    Exod.  21.  IT  ;   Lev.  20.  [9]  ;  Exod.  21. 
15. 

14.  If  a  man  have  a  stubborn  and  rebellious  son  of 


70  FIRST  CODE 

sufficient  years  and  understanding,  viz :  sixteen  years 
of  age,  which  will  not  obey  the  voice  of  his  father  or 
the  voice  of  his  mother,  and  that  when  they  have 
chastened  him  will  not  hearken  unto  them,  then  may 
his  father  and  mother,  being  his  natural  parents,  lay 
hold  on  him  and  bring  him  to  the  magistrates  assem- 
bled in  court,  and  testify  unto  them  that  their  son  is 
stubborn  and  rebellious  and  will  not  obey  their  voice 
and  chastisement,  but  lives  in  sundry  notorious  crimes, 
such  a  son  shall  be  put  to  death.  Deut.  21.  20,  21. 

It  is  also  ordered  by  this  court  and  authority  there- 
of that  whatsoever  child  or  servant,  within  these  lib- 
erties, shall  be  convicted  of  any  stubborn  or  rebellious 
carriage  against  their  parents  or  governors,  which 
is  a  forerunner  of  the  aforementioned  evils,  the  gov- 
ernor or  any  two  magistrates  have  liberty  and  power 
from  this  court  to  commit  such  person  or  persons  to 
the  house  of  correction,  and  there  to  remain  under 
hard  labor  and  severe  punishment  so  long  as  the  court 
or  the  major  part  of  the  magistrates  shall  judge  meet.* 

And  whereas  frequent  experience  gives  in  sad  evi- 
dence of  several  other  ways  of  unclean  ness  and  lasciv- 
ious carriages  practiced  among  us,  whereunto,  in  re- 
gard of  the  variety  of  circumstances,  particular  and 
express  laws  and  orders  cannot  suddenly  be  suited  ; 
this  court  cannot  but  look  upon  evils  in  that  kind  as 
very  pernicious  and  destructive  to  the  welfare  of  the 
common  weal,  and  do  judge  that  severe  and  sharp 
punishment  should  be  inflicted  upon  such  delinquents, 
and  as  they  do  approve  of  what  hath  been  already  done 

*Enacted  Dec.  1649  (Col.  Rec.,  i.  78)  with  this  preamble : — 
"  Forasmuch  as  incorrigibleness  is  also  adjudged  to  be  a  sin  of 
death,  but  no  la\r  yet  amongst  us  established  for  the  execution 
thereof:  For  the  preventing  that  great  evil,  It  is  ordered,  &c." 


OF  CONNECTICUT.  71 

by  the  particular  court,  as  agreeing  with  the  general 
power  formerly  granted,  so  they  do  hereby  confirm 
the  same  power  to  the  particular  court, who  may  pro- 
ceed either  by  fine,  committing  to  the  house  of  cor- 
rection or  other  corporal  punishment,  according  to 
their  discretion,  desiring  such  seasonable,  exemplary 
executions  may  be  done  upon  offenders  in  that  kind, 
that  others  may  hear  and  fear. 

CASK  AND   COOPER. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  all  cask  used  for  tar  or  other  commodities  to  be 
put  to  sale,  shall  be  assized  as  follows,  viz:  every 
cask  commonly  called  barrels  or  half  hogsheads  shall 
contain  twenty-eight  gallons  wine  measure,  and  other 
vessels  proportionable ;  and  that  fit  persons  shall 
be  appointed  from  time  to  time,  in  all  places  needful, 
to  gauge  all  such  vessels  or  casks  and  such  as  shall  be 
found  of  due  assize  shall  be  marked  with  the  ganger's 
mark  and  no  other,  who  shall  have  for  his  pains  four 
pence  for  every  tun,  and  so  proportionably. 

And  it  is  also  ordered,  that  every  cooper  shall  have 
a  distinct  brandmark  on  his  own  cask,  upon  pain  of 
forfeiture  of  twenty  shillings  in  either  case,  and  so 
proportionably  for  lesser  vessels. 

CATTLE,    CORNFIELDS,  FENCES. 

Forasmuch  as  complaints  have  been  made  of  a 
very  evil  practice  of  some  disordered  persons  in  the 
country,  who  use  to  take  other  men's  horses,  some- 
times upon  the  commons,  sometimes  out  of  their  own 
grounds,  common  fields,  and  inclosures,  and  ride  them 
at  their  pleasure,  without  a  leave  or  privity  of  their 
owners : — 


72  FIRST  CODE 

It  is  therefore  ordered  and  enacted  by  the  authority 
of  this  Court,  that  whosoever  shall  take  any  other 
man's  horse,  mare,  or  drawing  beast,  out  of  his  inclos- 
ure,  upon  any  common,  out  of  any  common  field  or 
elsewhere,  except  such  be  taken  damage  faisant  and 
disposed  of  according  to  law,  without  leave  of  the 
owners,  and  shall  ride  or  use  the  same,  he  shall  pay  to 
the  parties  wronged  treble  damages,  or  if  the  com- 
plainant shall  desire  it,  then  to  pay  only  ten  shillings ; 
and  such  as  have  not  to  make  satisfaction  shall  be 
punished  by  whipping,  imprisonment,  or  otherwise, 
as  by  law  shall  be  adjudged,  and  any  one  magistrate 
may  hear  and  determine  the  same. 

It  is  also  further  ordered,  that  where  lands  lie  com- 
mon, unfenced,  if  one  shall  improve  his  lands  by 
fencing  in  several,  and  another  shall  not,  he  who  shall 
so  improve  shall  secure  his  land  against  other  men's 
cattle,  and  shall  not  compel  such  as  join  upon  him  to 
make  any  fence  with  him,  except  he  shall  also  im- 
prove in  several,  as  the  other  doth  ;  and  \vhere  one 
man  shall  improve  before  his  neighbor,  and  so  malce 
the  whole  fence,  if  after  his  said  neighbor  shall  im- 
prove also,  he  shall  then  satisfy  for  half  the  other's 
fence  against  him,  according  to  the  present  value,  and 
shall  maintain  the  same.  And  if  either  of  them  shall 
after  lay  open  his  said  fields  (which  none  shall  doe 
without  three  months'  warning,)  he  shall  have  liberty 
to  bay  the  dividend  fence,  paying  according  to  the 
present  valuation  to  be  set  by  two  men,  chosen  by 
either  party  one.  The  like  order  shall  be  [attended] 
where  any  man  shall  improve  land  against  any  town 
common,  provided  this  order  shall  not  extend  to  house 
lots  not  exceeding  ten  acres :  but  if  in  such,  one  shall 


OF  CONNECTICUT.  73 

improve,  his  neighbor  shall  be  compellable  to  make 
and  maintain  one  half  of  the  fence  between  them, 
whether  he  improve  or  not. 

Provided  also,  that  no  man  shall  be  liable  to  sat- 
isfy for  damage  done  in  any  ground  not  sufficiently 
fenced,  except  it  shall  be  for  damage  done  by  swine 
under  a  year  old,  or  unruly  cattle  which  will  not  be 
restrained  by  ordinary  fences,  or  where  any  man  shall 
put  his  cattle,  or  otherwise  voluntarily  trespass,  upon 
his  neighbor's  ground.  And  if  the  party  damnified 
find  the  cattle  damage  faisant,  he  may  impound  or 
otherwise  dispose  of  them.  §th  October,  1652.  The 
Court  declares  and  explains,  this  order  doth  not  reach 
the  lands  on  ye  east  side  of  the  Great  JRiver. 

CATTLE   TO   BE   MARKED. 

For  the  preventing  of  differences  that  may  arise  in 
the  owning  of  cattle  that  be  lost  or  stray  away, 

It  is  ordered  by  this  Court,  that  the  owners  of  any 
cattle  within  this  jurisdiction  shall  ear-mark  or  brand 
all  their  cattle  and  swine  that  are  above  half  a  year 
old,  (except  horses,)  and  that  they  cause  their  several 
marks  to  be  registered  in  the  town  book,  and  whatso- 
ever cattle  shall  be  found  unmarked  after  the  first  of 
July  next  shall  forfeit  five  shillings  a  head,  whereof 
two  shillings  sixpence  to  him  that  discovers  it,  and 
the  other  to  the  country. 

COMMON  FIELDS. 

Whereas  the  condition  of  these  several  plantations 
in  these  beginnings  wherein  we  are,  is  such  that  ne- 
cessity constrains  to  improve  much  of  the  ground 
belonging  to  the  several  towns,  in  a  common  way,  and 
it  is  observed  that  the  public  and  general  good,  (which 
4 


74  FIRST  CODE 

ought  to  be  attended  in  all  such  improvements  as  aro 
most  proper  to  them,  and  may  best  advance  the  same,) 
receives  much  prejudice  through  want  of  a  prudent 
ordering  and  disposing  of  those  several  common  lands 
so  as  may  best  effect  the  same ; — 

It  is  ordered  by  this  Court  and  authority  thereof, 
that  each  town  shall  choose  from  among  themselves 
five  able  and  discreet  men,  who  by  this  order  have 
power  given  them,  and  are  required,  to  take  the  com- 
mon lands  belonging  to  each  of  the  several  towns 
respectively  into  serious  and  sad  consideration,  and 
after  a  through  digesting  of  their  own  thoughts,  set 
down  under  their  hands  in  what  way  the  said  lands 
may,  in  their  judgments,  be  best  improved  for  the 
common  good.  And  whatsoever  is  so  decreed  and 
determined  by  the  said  five  men  in  each  town,  or  any 
three  of  them,  concerning  the  way  of  improvement 
of  any  sucli  lands,  shall  be  attended  by  all  such  per- 
sons that  have  any  propriety  or  interest  in  any  such 
lands  so  judged  [by  the  said  committee]. 

And  whereas  also,  much  damage  hath  risen  not 
only  from  the  unruliness  of  some  kind  of  cattle  but 
also  from  the  weakness  and  insufficiency  of  many 
fences,  whence  much  variance  and  difference  hath  fol- 
lowed, which  if  not  prevented  for  the  future  may  be 
very  prejudicial  to  the  public  peace  ; — 

It  is  likewise  therefore  ordered,  that  the  said  five 
men  so  chosen  or  at  least  three  of  them  shall  set  down 
what  fences  shall  be  made  in  any  common  grounds, 
and  after  they  are  made  to  cause  the  same  to  be  viewed, 
and  to  eet  such  fines  as  they  judge  meet  upon  any  as 
shall  neglect  or  not  duly  attend  their  order  therein  ; 
and  where  fences  are  made  and  judged  sufficient  by 


OF  CONNECTICUT.  75 

them,  whatsoever  damage  is  done  by  hogs  or  any  other 
cattle,  shall  be  paid  by  the  owners  of  the  said  cattle. 
And  the  several  towns  shall  have  liberty  once  every 
year  to  alter  any  three  of  the  former  five,  and  to  make 
choice  of  others  in  their  room.  It  being  provided, 
that  any  particular  man  or  men  shall  have  liberty  to 
inclose  any  of  their  particular  grounds  and  improve 
them  according  to  their  own  discretion,  by  mutual 
agreement,  notwithstanding  this  order.*  This  service 
is  committed  to  the  townsmen,  as  appears  by  an  order 
of  court,  5th  of  February,  1650,  on  the  other  side  of 
this  book.f 

CAVEATS   ENTERED. 

Whereas  it  appears  that  divers  to  defeat  and  de- 
fraud their  creditors  may  secretly  and  underhand 
make  bargains  and  contract  of  their  lands,  lots,  and 
accommodations,  by  means  whereof,  when  the  creditor 
thinks  he  hath  a  means  in  due  order  of  law  to 
declare  against  the  said  lands,  lots,  and  accommoda- 
tions, and  so  recover  satisfaction  for  his  debt,  he  is 
wholly  deluded  and  frustrated,  which  is  contrary  to  a 
righteous  rule  that  every  man  should  pay  his  debt  with 
his  estate,  be  it  in  what  it  will  be,  either  real  or  per- 
sonal, this  court  taking  it  into  consideration,  do  order 
sentence  and  decree,  That  tf  any  creditor  for  the  fu- 
ture do  suspect  any  debtor,  that  he  may  prove  non- 
solvent  in  his  personal  estate,  he  may  repair  to  the 
register  or  recorder  of  the  plantation  where  the  lands, 
lots,  or  accommodations  lies,  and  enter  a  caveat  against 
the  lands,  lots,  and  accommodations  of  the  said  debtor, 


*  Enacted  Feb.  14th.  1643-4  ;  with  an  amendment  authorizing  the 
appointment  of  five  men  in  place  of  seven,  Feb.  5th,  1644-5. 
t  Conn.  Col.  Rec.,  i.  2U. 


76  FIRST  CODE 

and  shall  give  to  the  said  register  or  recorder  four 
pence  for  the  entry  thereof:  And  the  said  creditor  or 
creditors  shall  take  out  summons  against  the  said  debt- 
or and,  in  due  form  of  law,  the  next  particular  court 
either  for  the  whole  colony  or  for  the  particular  plan- 
tation where  the  said  lands,  lots,  or  accommodations 
lies,  or  the  next  court  ensuing,  declare  against  the  said 
-debtor's  lands,  lots,  or  accommodations.  And  so  if 
the  creditor  recover,  he  may  enter  a  judgment  upon 
the  said  lots,  lands,  and  accommodations,  and  take  out 
an  extent  against  the  said  land,  directed  to  a  known 
officer,  who  may  take  two  honest  and  sufficient  men 
of  the  neighbors,  to  apprise  the  said  lands,  lots,  and 
accommodations,  either  to  be  sold  outright  if  the  debt 
so  require,  or  set  a  reasonable  rent  upon  the  same  un- 
til the  debt  be  paid,  and  deliver  the  possession  thereof 
either  to  the  creditor  or  creditors,  his  or  their  assign 
or  assigns,  or  any  other ;  and  what  sale  or  sales,  lease 
or  leases,  the  said  officer  makes,  being  orderly  record- 
ed, according  to  former  order  of  recording  of  lands, 
shall  be  as  legal  and  binding  to  all  intents  and  purposes 
as  though  the  debtor  himself  had  done  the  same  ; 
provided  that  if  the  said  debtor  can  then  presently 
procure  a  chapman  or  tenant  that  can  give  to  the 
creditor  or  creditors  satisfaction  to  his  or  their  con- 
tent, he  shall  have  the  first  refusing  thereof.  Also  it 
is  declared,  that  he  which  first  enters  caveats  as  above- 
said,  and  his  debt  being  due  at  his  entering  the  said 
caveat,  shall  be  first  paid  ;  and  so  every  creditor  as  he 
enters  his  caveat  and  his  debt  becomes  due  shall  be 
orderly  satisfied,  unless  it  appear  at  the  next  court, 
the  debtor's  lands,  lots,  and  accommodations  prove 
insufficient  to  pay  all  his  creditors,  then  every  man 


OF  CONNECTICUT.  77 

to  have  a  suitable  proportion  to  his  debt  out  of  the 
same,  and  yet  notwithstanding  every  man  to  receive 
his  part  according  to  the  entry  of  his  caveat.  Yet  this 
is  not  to  seclude  any  creditor  to  recover  other  satisfac- 
tion, either  upon  the  person  or  estate  of  the  debtor 
according  to  law  and  custom  of  the  colony.  As  also 
it  is  further  decreed,  that  what  sale  or  bargain  soever 
the  debtor  shall  make  concerning  the  said  lots,  lands, 
and  accommodations,  after  the  entering  of  the  said 
caveat,  shall  be  void,  as  to  defraud  the  said  creditors. 

It  is  also  further  explained  and  declared,  that  if  the 
said  debtor  be  known  to  be  a  non-solvent  man  before 
the  first  caveat  entered  against  the  said  lots,  lands,  and 
accommodations,  and  the  same  appear  at  the  next  par- 
ticular court,  then  the  court  shall  have  power  to  call 
in  all  the  creditors  in  a  short  time,  and  set  an  equal 
and  indifferent  way  how  the  creditors  shall  be  paid 
out  of  the  said  lots,  lands,  and  accommodations ;  other- 
wise, if  the  said  debtor  prove  insolvent  after  the  first 
caveat  entered,  then  this  order  to  be  duly  observed, 
according  to  the  premises  and  true  intent  and  mean- 
ing thereof. 

It  is  also  further  declared  and  explained,  that  the  said 
recorder  or  register  of  the  said  caveats,  shall,  the  next 
particular  court  as  aforesaid,  return  the  said  caveats 
that  are  with  him ;  at  which  time  and  court  the  en- 
terers  of  the  said  caveats  shall  be  called  forth  to  pros- 
ecute the  same  the  next  particular  court  following ; 
and  if  the  enterers  of  the  said  caveats  fail  to  prose- 
cute according  to  this  order,  the  register  or  recorder 
of  the  said  caveat  or  caveats  shall  put  a  vacat  upon 
the  said  caveat  or  caveats  which  shall  be  invalid  or 
or  void  to  charge  the  said  lots,  lands,  and  accommo- 
dations aforesaid. 


78  FIRST  CODE 

DISORDER  IN  COURT. 

It  is  ordered  by  this  court  that  whosoever  doth  dis- 
orderly speak  privately  during  the  sitting  of  the 
court,  with  his  neighbor,  or  two  or  three  together, 
shall  presently  pay  twelve  pence,  if  the  court  so  think 
meet. 

SECRETS   IN   COURT. 

It  is  ordered  and  decreed,  that  whatsoever  member 
of  the  General  Court  shall  reveal  any  secret  which 
the  court  enjoins  to  be  kept  secret,  or  shall  make 
known  to  any  person  what  any  one  member  of  the 
court  speaks  concerning  any  person  or  businesses  that 
may  come  into  agitation  in  the  court,  shall  forfeit  for 
every  such  fault  ten  pounds,  and  be  otherwise  dealt 
withal  at  the  discretion  of  the  court.  And  the  sec- 
retary is  to  read  this  order  at  the  beginning  of  every 
General  Court. 

CHILDREN. 

Forasmuch  as  the  good  education  of  children  is  of 
singular  behoof  and  benefit  to  any  commonwealth, 
and  whereas  many  parents  and  masters  are  too  indul- 
gent and  negligent  of  their  duty  in  that  kind  : 

It  is  therefore  ordered  by  this  court  and  authority 
thereof,  that  the  selectmen  of  every  town,  in  the  sev- 
eral precincts  and  quarters  where  they  dwell,  shall  have 
a  vigilant  eye  over  their  brethren  and  neighbors,  to 
see  first,  that  none  of  them  shall  suffer  so  much  bar- 
barism in  any  of  their  families  as  not  to  endeavor  to 
teach  by  themselves  or  others  their  children  and  ap- 
prentices so  much  learning  as  may  enable  them  per- 
fectly to  read  the  English  tongue,  and  knowledge  of 
the  capital  laws,  upon  penalty  of  twenty  shillings  for 
each  neglect  therein  r  also,  that  all  masters  of  families 


OF  CONNECTICUT.  79 

do  once  a  week  at  least,  catechise  their  children  and 
servants  in  the  grounds  and  principles  of  religion; 
and  if  any  be  unable  to  do  BO  much,  that  then  at  the 
least  they  procure  such  children  and  apprentices  to 
learn  some  short  orthodox  catechism,  without  book, 
that  they  may  be  able  to  answer  to  the  questions  that 
shall  be  propounded  to  them  out  of  such  catechisms 
by  their  parents  or  masters  or  any  of  the  selectmen, 
when  they  shall  call  them  to  a  trial  of  what  they  have 
learned  in  this  kind. 

And  further,  that  all  parents  and  masters  do  breed 
and  bring  up  their  children  and  apprentices  in  some 
some  honest  lawful  calling,  labor,  or  employment, 
either  in  husbandry,  or  some  other  trade  profitable 
for  themselves  and  the  commonwealth,  if  they  will 
not  nor  cannot  train  them  up  in  learning  to  fit 
them  for  higher  employments.  And  if  any  of  the 
selectmen,  after  admonition  by  them  given  to  such 
masters  of  families,  shall  find  them  still  negligent  of 
their  duty  in  the  particulars  aforementioned,  whereby 
children  and  servants  become  rude,  stubborn,  and  un- 
ruly, the  said  selectmen,  with  the  help  of  two  magis- 
trates, shall  take  such  children  or  apprentices  from 
them  and  place  them  with  some  masters  for  years, 
boys  till'they  come  to  twenty-one  and  girls  to  eighteen 
years  of  age  complete,  which  will  more  strictly  look 
unto,  and  force  them  to  submit  unto  government,  ac- 
cording to  the  rules  of  this  order,  if  by  fair  means 
and  former  instructions  they  will  not  be  drawn  unto 
it. 

CONSTABLES. 

It  is  further  ordered  by  the  authority  aforesaid,  that 
any  person  tendered  to  any  constable  of  this  jurisdic- 
tion by  any  constable  or  other  officer  belonging  to 


80  FIRST  CODE 

any  foreign  jurisdiction  in  this  country,  or  by  warrant 
from  any  such  authority,  such  shall  presently  be  re- 
ceived and  conveyed  forthwith  from  constable  to  con- 
stable, till  they  shall  be  brought  unto  the  place  to 
which  they  are  sent,  or  before  some  magistrate  of  this 
jurisdiction,  who  shall  dispose  of  them  as  the  justice 
of  the  cause  shall  require ;  and  that  all  hue  and  cries 
shall  be  duly  received  and  diligently  pursued  to  full 
effect. 

It  is  ordered  by  the  authority  of  this  court,  that 
every  constable  within  our  jurisdiction  shall  hence- 
forth have  full  power  to  make,  sign  and  put  forth 
pursuits,  or  hue  and  cries,  after  murderers,  malefactors, 
peacebreakers,  thieves,  robbers,  burglarers  and  other 
capital  offenders,  where  no  magistrate  is  near  hand. 
Also  to  apprehend  without  warrant  such  as  are  over- 
taken with  drink,  swearing,  Sabbath  breaking,  slight- 
ing of  the  ordinances,  lying,  vagrant  persons,  night 
walkers,  or  any  other  that  shall  offend  in  any  of  these, 
provided  they  be  taken  in  the  manner,  either  by  sight 
of  the  constable  or  by  present  information  from  oth- 
ers :  as  also  to  make  search  for  all  such  persons 
either  on  the  Sabbath  day  or  other,  when  there  shall 
be  occasion,  in  all  houses  licensed  to  sell  either  beer 
or  wine,  or  in  any  other  suspected  or  disordered  places, 
and  those  to  apprehend  and  keep  in  safe  custody,  till 
opportunity  serves  to  bring  them  before  one  of  the 
next  magistrates  for  further  examination;  provided 
that  when  any  constable  is  employed  by  any  of  the 
magistrates  for  apprehending  of  any  person,  he  snail 
not  do  it  without  warrant  in  writing;  and  if  any 
person  shall  refuse  to  assist  any  constable  in  the  exe- 
cution of  his  office  in  any  of  the  things  aforemen- 
tioned, being  by  him  required  thereto,  they  shall  pay 


OF  CONNECT:CUT.  81 

for  neglect  thereof  ten  shillings  to  the  use  of  the  conn- 
try,  to  be  levied  by  warrant  from  any  magistrate  before 
•whom  any  such  offender  shall  be  brought ;  and  if  it 
appear  by  good  testimony  that  any  shall  wilfully, 
obstinately,  or  contemptuously  refuse  or  neglect  to  as- 
sist any  constable,  as  is  before  expressed,  he  shall  pay 
to  the  use  of  the  country  forty  shillings ;  and  if  any 
magistrate  or  constable,  or  any  other  upon  urgent  oc- 
casions shall  refuse  to  do  their  best  endeavor  in  rais- 
ing and  prosecuting  hue  and  cries,  by  foot,  and  if 
need  be  by  horse,  after  such  as  have  committed  capi- 
tal crimes,  they  shall  forfeit  to  the  use  aforesaid  for 
every  such  offence,  forty  shillings. 

And  it  is  also  ordered,  that  the  constables  in  each 
town  shall  be  chosen  from  year  to  year  before  the  first 
of  March,  and  sworri  to  that  office,  the  next  court  fol- 
lowing, or  by  some  magistrate  or  magistrates. 

CONVEYANCES  FRAUDULENT, 

It  is  ordered  by  this  court  and  authority  thereof, 
that  all  covenous  or  fraudulent  alienations  or  convey- 
ances of  land,  tenements  or  any  hereditaments,  shall 
be  of  no  validity  to  defeat  any  man  from  due  debts 
or  legacies,  or  from  any  just  title,  claim  or  possession 
of  that  which  is  so  fraudulently  conveyed,  and  that 
no  conveyance,  deed  or  promise  whatsoever  shall  be 
of  validity,  if  it  be  gotten  by  illegal  violence,  imprison- 
ment, threatening,  or  any  kind  of  forcible  compulsion 
called  duress. 

CRUELTY. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  no  man  shall  exercise   any  tyranny    or   cruelty 
towards  any  brute  creatures  which  are  usually  kept 
for  the  use  of  man. 
4* 


g2  FIRST  CODE 

DAMAGES   PRETENDED. 

It  is  ordered  by  this  court,  that  no  man  in  any  suit 
or  action  against  another  shall  falsely  pretend  great 
damages  or  debts,  to  vex  his  adversary  ;  and  if  it  shall 
appear  any  doth  so,  the  court  shall  have  the  power  to 
set  a  reasonable  fine  on  his  head. 

DEATH   UNTIMELY. 

It  is  ordered  by  this  court  and  authority  thereof,  that 
•whensoever  any  person  shall  come  to  any  very  sudden, 
untimely,  or  unnatural  death,  some  magistrate  or  the 
constable  of  that  town  shall  forthwith  summon  a  jury 
of  six  or  twelve  discreet  men  to  inquire  of  the  cause 
and  manner  of  their  death,  who  shall  present  a  true 
verdict  thereof  unto  some  near  magistrate  upon  their 
oath. 

DELINQUENTS. 

It  is  ordered,  that  all  persons  hereafter  committed 
upon  delinquency,  shall  bear  the  charges  the  country 
shall  be  at  in  the  prosecution  of  them ;  and  shall  pay 
to  the  master  of  the  prison  or  house  of  correction, 
two  shillings  six  pence,  before  he  be  freed  therefrom. 
Yide  Execution  upon  Delinquents. 

ECCLESIASTICAL. 

Forasmuch  as  the  open  contempt  of  God's  word, 
and  messengers  thereof,  is  the  desolating  sin  of  civil 
states  and  churches,  and  that  the  preaching  of  the 
word  by  those  whom  God  doth  send  is  the  chief 
ordinary  means  ordained  by  God  for  the  converting, 
edifying,  and  saving  the  souls  of  the  elect,  through  the 
presence  and  power  of  the  Holy  Ghost  thereunto 
promised;  and  that  the  ministry  of  the  word  is  set 


OF  CONNECTICUT.  83 

up  by  God  in  liis  churches  for  those  holy  ends,  and 
according  to  the  respect  or  contempt  of  the  same  and 
of  those  whom  God  hath  set  apart  for  his  own  work 
and  employment,  the  weal  or  woe  of  all  Christian  states 
is  much  furthered  and  promoted ; — 

It  is  therefore  ordered  and  decreed,  that  if  any 
Christian  (so  called)  within  this  jurisdiction  shall 
contemptuously  behave  himself  towards  the  word 
preached  or  the  messenger  thereof  called  to  dispense 
the  same  in  any  congregation,  when  he  faithfully 
execute  his  service  and  office  therein  according  to  the 
will  and  word  of  God,  either  by  interrupting  him  in 
hia  preaching,  or  by  charging  him  falsely  with  an  error 
which  he  hath  not  taught  in  the  open  face  of  the 
church,  or  like  a  son  of  Korah  cast  upon  his  true 
doctrine  or  hirqself  any  reproach,  to  the  dishonor  of 
the  Lord  Jesus  who  hath  sent  him,  and  to  the  dispar- 
agement of  that  his  holy  ordinance,  and  making  God's 
ways  contemptible  or  ridiculous,  that  every  such  per- 
son or  persons  (whatsoever  censure  the  church  may 
pass,)  shall  for  the  first  scandal,  be  convented  and 
reproved  openly  by  the  magistrate,  at  some  lecture, 
and  bound  to  their  good  behavior :  and  if  a  second 
time  they  break  forth  into  the  like  contemptuous 
carriages,  they  shall  either  pay  five  pounds  to  the  pub- 
lic treasure,  or  stand  two  hours  openly  upon  a  block  or 
stool  four  foot  high,  upon  a  lecture  day,  with  a  paper 
fixed  on  his  breast  written  with  capital  letters,  AN 

OPEN  AND  OBSTINATE  CONTEMNER  OF  GOD'S  HOLY  ORDI- 
NANCES, that  others  may  fear  and  be  ashamed  of 
breaking  out  into  the  like  wickedness.* 

*  Copied  (with  the  preamble)  from  the  Massachusetts  law  of 
Nov.  1646,  with  the  substitution  of  "AN  OPEN  AND  OBSTINATE  CON- 
TEMNER" &c.,  for  "A  WANTON  GOSPELLER."  (Mass.  Rfec.,  ii.  179.) 


84:  FIRST  CODE 

It  is  ordered  and  decreed  by  this  court  and  authority 
thereof,  that  wheresoever  the  ministry  of  the  word  is  es- 
tablished according  to  the  order  of  the  Gospel,  through- 
out this  jurisdiction,  every  person  shall  duly  resort  and 
attend  thereunto  respectively  upon  the  Lord's  day 
and  upon  such  public  fast  days  and  days  of  Thanks- 
giving as  are  to  be  generally  kept  by  the  appointment 
of  authority.  And  if  any  person  within  this  juris- 
diction shall  without  just  and  necessary  cause  withdraw 
himself  from  hearing  the  public  ministry  of  the  word, 
after  due  means  of  conviction  used,  he  shall  forfeit 
for  his  absence  from  every  such  public  meeeting,  five 
shillings :  all  such  offences  to  be  heard  and  determined 
by  any  one  magistrate  or  more,  from  time  to  time. 

Forasmuch  as  the  peace  and  prosperity  of  churches 
and  members  thereof,  as  well  as  civil  rights  and  lib- 
erties, are  carefuly  to  be  maintained, — It  is  ordered 
by  this  court  and  decreed,  that  the  civil  authority  here 
established  hath  power  and  liberty  to  see  the  peace, 
ordinances  and  rules  of  Christ  be  observed  in  every 
church  according  to  his  word ;  as  also  to  deal  with 
any  church  member  in  a  way  of  civil  justice,  not- 
withstanding any  church  relation,  office,  or  interest, 
so  it  be  done  in  a  civil  and  not  in  an  ecclesiastical 
way:  nor  shall  any  church  censure  degrade  or  depose 
any  man  from  any  civil  dignity,  office,  or  authority  he 
shall  have  in  the  commonwealth. 

ESCHEATS. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  where  no  heir  or  owner  of  houses,  lands,  tene- 
ments, goods  or  chattels  can  be  found,  they  shall  be 
seized  to  the  public  treasury  till  such  heirs  or  owners 


OF  CONNECTICUT.  85 

shall  make  due  claim  thereunto,  unto  whom  they  shall 
be  restored  upon  just  and  reasonable  terms. 

EXECUTIONS. 

Whereas  by  reason  of  the  great  scarcity  of  money, 
execution  being  taken  of  several  persons'  goods  that 
have  been  sold  at  very  cheap  rates,  to  the  extreme 
damage  of  the  debtor ; 

It  is  therefore  ordered,  that  whatsoever  execution 
shall  be  granted  upon  any  debts  made  after  the  pub- 
lishing of  this  order,  the  creditor  shall  make  choice  of 
one  party,  the  debtor  of  a  second,  and  the  court  of  a 
third,  who  shall  prize  the  goods  so  taken  upon  execu- 
tion aforesaid,  and  deliver  them  to  the  creditor. 

EXECUTION  UPON  DELINQUENTS. 

It  is  ordered,  that  the  Governor  or  any  other  magis- 
trate in  this  jurisdiction  shall  have  liberty  and  power 
to  call  forth  any  person  that  has  been  publicly  cor- 
rected for  any  misbehavior,  to  do  execution  upon  any 
person  or  persons,  by  whipping  or  otherwise,  and  that 
at  any  time  hereafter  as  occasion  doth  require ;  and  in 
case  of  defect  or  want  of  such,  any  other  person,  as  he 
or  they  shall  think  meet. 

FENCES. 

For  the  preventing  of  differences  that  may  arise  in 
making  or  setting  down  of  fences  as  well  in  meadows 
as  upland, — 

It  is  ordered,  that  in  the  setting  of  posts  and  rails 
or  hedges  in  the  meadow  and  homelots,  there  shall  be 
a  liberty  for  either  party  of  twelve  inches  from  the 
divident  line,  for  breaking  of  the  ground  to  set  the 
posts  on  [or]  for  the  laying  on  the  hedge ;  but  the 


86  FIRST  CODE 

stakes  and  posts  are  to  be  set  in  the  divident  line; 
and  in  upland  there  is  allowed  a  liberty  of  four  foot 
for  a  ditch  from  the  divident  line  for  either  of  the  bor- 
dering parties  where  the  proportion  of  fences  belong 
unto  them.* 

FINES. 

It  is  ordered  by  this  court,  that  the  estreats  for  the 
levying  of  fines  shall  go  forth  once  every  year,  both  in 
the  towns  on  the  River  and  by  the  seaside,  and  that 
some  officer  in  each  place  shall  be  appointed  to  levy 
and  receive  the  same,  and  the  accounts  to  be  given 
in  by  the  several  plantations  of  their  general  charge, 
at  the  court  in  September,  for  the  perfecting  of  the 
accounts  betwixt  them.  Mr.  Ludlow  is  desired  to 
grant  out  warrants  for  the  fines  by  the  seaside. 

FIKE. 

It  is  ordered  by  this  court  and  the  authority  there- 
of, that  whosoever  shall  kindle  any  fire,  in  woods  [or] 
grounds  lying  in  common  or  inclosed,  so  as  the  same 
shall  run  into  such  common  grounds  or  inclosures, 
before  the  tenth  of  the  first  month,f  or  after  the  last  of 
the  second  month,  or  on  the  last  day  of  the  week,  or  on 
the  Lord's  day,  shall  pay  all  damages,  and  half  so  much 
for  a  fine ;  or  if  not  able  to  pay,  then  to  be  corporally 
punished,  by  a  warrant  from  one  magistrate  or  more, 
as  the  offence  shall  deserve,  not  exceeding  twenty 
stripes  for  one  offence ;  provided,  that  any  man  may 
kindle  fire  upon  his  own  ground  at  any  time,  so  as  no 
damage  come  thereby,  either  to  the  country  or  to  any 

*  Enacted,  June  3d,  1644.  The  accidental  substitution  of  on 
for  or,  made  in  transcribing  this  order  from  the  original  record,  was 
followed  in  the  printed  revision  of  1673. 

t  The  first  month  was  March.     The  new  year  began,  March  25th. 


OF  CONNECTICUT.  8T 

particular  person.  And  whosoever  shall  wittingly 
and  willingly  burn  or  destroy  any  frame,  timber  hewn, 
sawn,  or  riven,  heaps  of  wood,  charcoal,  corn,  hay, 
straw,  hemp,  flax,  pitch  or  tar,  he  shall  pay  double 
damages. 

FORGERY. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  if  any  person  shall  forge  any  debt  *  or  convey- 
ance, testament,  bond,  bill,  release,  acquittance,  letter 
of  attorney,  or  any  writing  to  prevent  equity  and  jus- 
tice, he  shall  stand  in  the  pillory  three  several  lecture 
days,  and  render  double  damages  to  the  party  wrong- 
ed, and  also  be  disabled  to  give  any  evidence  or  ver- 
dict to  any  court  or  magistrate. 

FORNICATION. 

It  is  ordered  by  this  court  and  authority  thereof,  that 
if  any  man  shall  commit  fornication  with  any  single 
woman,  they  shall  be  punished  either  by  enjoining  to 
marriage,  or  fine,  or  corporal  punishment,  or  all  or  any 
of  these,  as  the  court  or  magistrates  shall  appoint, 
most  agreeable  to  the  word  of  God. 

GAMING. 

Upon  complaint  of  great  disorder  by  the  use  of  the 
game  called  Shuffle-board,  in  houses  of  common  enter- 
tainment, whereby  much  precious  time  is  spent  un- 
fruitfully,  and  much  waste  of  wine  and  beer  occa- 
sioned,— 

It  is  therefore  ordered  and  enacted  by  the  authority 
of  this  court,  that  no  person  shall  henceforth  use  the 

*"Debt"  for  "deed."  See  Massachusetts  Act  of  1648  (ii.  181), 
from  which  this  is  copied. 


gg 


FIRST  CODE 


said  game  of  shuffle-board,  in  any  such  house,  nor  in 
any  other  house  used  as  common  for  such  purpose, 
upon  pain  for  every  keeper1  of  such  house  to  forfeit 
for  every  such  offence  twenty  shillings  ;  and  for  every 
person  playing  at  the  said  game  in  any  such  house  to 
forfeit  for  every  such  offence,  five  shillings.  The  like 
penalty  shall  be  for  playing  in  any  place  at  any  unlaw- 
ful game. 

GUARDS  AT   MEETING. 

It  is  ordered  by  this  court,  that  there  shall  be  a 
guard  of  twenty  men,  every  Sabbath  and  lecture  day, 
complete  in  their  arms,  in  each  several  town  upon 
the  river;  and  at  Seabrooke  and  Farmington,  eight 
apiece  ;  each  town  upon  the  seaside  in  this  jurisdic- 
tion, ten  ;  and  as  the  number  of  men  increase  in  the 
towns,  their  guards  are  to  increase. 

And  it  is  further  ordered,  that  each  man  in  the  guards 
aforesaid  shall  be  allowed  half  a  pound  of  powder  year- 
ly, by  their  several  towns. 

HIGHWAYS. 

Whereas  the  maintaining  of  highways  in  a  fit  pos- 
ture for  passage  according  to  the  several  occasions  that 
occur,  is  not  only  necessary  for  the  comfort  and  safety 
of  man  and  beast,  but  tends  to  the  profit  and  advan- 
tage of  any  people  in  the  issue,  — 

It  is  thought  fit  and  ordered,  that  each  town  within 
this  jurisdiction  shall  every  year  choose  one  or  two  of 
their  inhabitants  as  surveyors,  to  take  care  of,  and 
oversee  the  mending  and  repairing  of  the  highways 
within  their  several  towns  respectively,  who  have 
hereby  power  allowed  them  to  call  out  the  several 
carts  or  persons  fit  for  labor  in  each  town,  two  days 
at  least  in  each  year,  and  so  many  more  as  in  his  or 


OF  CONNECTICUT.  89 

their  judgments  shall  be  found  necessary  for  the  attain- 
ing of  the  aforementioned  end,  to  be  directed  in  their 
work  by  the  said  surveyor  or  surveyors,  and  it  is  left 
to  his  or  their  liberties  either  to  require  the  labor  of 
the  several  persons  in  any  family,  or  of  a  team  and 
one  person,  where  such  are,  as  he  finds  most  advanta- 
geous to  the  public  occasions,  he  or  they  giving  at 
least  three  days'  notice  or  warning  beforehand  of  such 
employment ;  and  if  any  refuse  or  neglect  to  attend 
the  service  in  any  manner  aforesaid,  he  shall  forfeit 
for  every  day's  neglect  of  a  man's  work,  two  shillings 
sixpence,  and  of  a  team,  six  shillings,  which  said  fines 
shall  be  employed  by  the  surveyors  to  hire  others  to 
work  in  the  said  ways ;  And  the  surveyors  shall,  with- 
in four  days  after  the  several  days  appointed  for  work, 
deliver  in  to  some  magistrate  a  true  presentment  of  all 
such  as  have  been  defective,  with  their  several  neg- 
lects, who  are  immediately  to  grant  a  distress  to  the 
marshal  or  constable,  for  the  levying  of  the  incurred 
forfeiture,  by  them  to  be  delivered  to  the  surveyors 
for  the  use  aforesaid.  And  if  the  surveyor  neglect  to 
perform  the  service  hereby  committed  to  him,  either 
in  not  calling  out  all  the  inhabitants  in  their  sev- 
eral proportions  as  before,  or  shall  not  return  the 
names  of  those  that  are  deficient,  he  shall  incur  the 
same  penalty  as  those  whom  he  so  passes  by  are  liable 
to  by  virtue  of  this  order,  which  shall  be  employed  to 
the  use  aforesaid,  and  to  be  levied  also  by  distress 
upon  information  and  proof  before  any  one  magis- 
trate. 

IDLENESS. 

It  is  ordered  by  this  court  and  authority  thereof,  that 
no  person,  householder  or  other,  shall  spend  his  time 
idly  or  unprofitably,  under  pain  of  such  punishment 


90 


FIRST  CODE 


as  the  court  shall  think  meet  to  inflict :  and  for  this 
end,  It  is  ordered,  that  the  constable  of  every  place 
shall  use  special  care  and  diligence  to  take  knowledge 
of  offenders  in  this  kind,  especially  of  common  coast- 
ers, unprofitable  fowlers,  and  tobacco  takers,  and  pre- 
sent the  same  unto  any  magistrate,  who  shall  have 
power  to  hear  and  determine  the  case  or  transfer  it 

to  the  next  court. 

INDIANS. 

It  is  ordered  and  decreed,  that  where  any  company 
of  Indians  do  sit  down  near  any  English  plantations, 
that  they  shall  declare  who  is  their  sachem  or  chief, 
and  that  the  said  chief  or  sachem  shall  pay  to  the  said 
English  such  trespasses  as  shall  be  committed  by  any 
Indian  in  the  said  plantation  adjoining,  either  by  spoil- 
ing or  killing  any  cattle  or  swine,  either  with  traps, 
dogs,  or  arrows :  and  they  are  not  to  plead  that  it  was 
done  by  strangers,  unless  they  can  produce  the  party 
and  deliver  him  or  his  goods  into  the  custody  of  the 
English :  and  they  shall  pay  the  double  damage  if  it 
were  done  voluntarily.  The  like  engagement  this 
court  also  makes  to  them  in  case  of  wrong  or  injury 
done  to  them  by  the  English,  which  shall  be  paid  by 
the  party  by  whom  it  was  done,  if  he  can  be  made  to 
appear,  or  otherwise  by  the  town  in  whose  limits  such 
facts  are  committed. 

Forasmuch  as  our  lenity  and  gentleness  towards 
Indians  hath  made  them  grow  bold  and  insolent,  to 
enter  into  Englishmen's  houses,  and  unadvisedly  handle 
swords  and  pieces  and  other  instruments,  many  times 
to  the  hazard  of  limbs  or  lives  of  English  or  Indians, 
and  also  oft  steal  divers  goods  out  of  such  houses 
where  they  resort ;  for  the  preventing  whereof,  It  is 
ordered,  that  whatsoever  Indian  shall  hereafter  meddle 


OF  CONNECTICUT.  91 

with  or  handle  any  Englishman's  weapons,  of  any  sort, 
either  in  their  houses  or  in  the  fields,  they  shall  forfeit 
for  every  such  default  half  a  fathom  of  wampum  ;  and 
if  any  hurt  or  injury  shall  thereupon  follow  to  any 
person's  life  or  limb,  (though  accidental,)  they  shall 
pay  life  for  life,  limb  for  limb,  wound  for  wound,  and 
shall  pay  for  the  healing  such  wounds  and  other 
damages.  And  for  anything  they  steal,  they  shall  pay 
double,  and  suffer  such  further  punishment  as  tho 
magistrates  shall  adjudge  them.  The  constable  of  any 
town  may  attach  and  arrest  any  Indian  that  shall 
transgress  in  any  such  kind  beforementioned ;  and 
bring  them  before  some  magistrate,  who  may  execute 
the  penalty  of  this  order  upon  offenders  in  any  kind 
except  life  or  limb ;  and  any  person  that  doth  see 
such  defaults  may  prosecute,  and  shall  have  half  the 
forfeiture. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  no  man  within  this  jurisdiction  shall,  directly  or 
indirectly,  amend,  repair,  or  cause  to  be  amended  or 
repaired,  any  gun,  small  or  great,  belonging  to  any 
Indian,  nor  shall  endeavor  the  same  ;  nor  shall  sell  nor 
give  to  any  Indian,  directly  or  indirectly,  any  such 
gun,  nor  any  gunpowder,  or  shot,  or  lead,  or  shot 
mould,  or  any  military  weapon  or  weapons,  armor,  or 
arrow  heads;  nor  sell,  nor  barter,  nor  give,  any  dog 
or  dogs,  small  or  great;  upon  pain  of  ten  pounds  fine 
for  every  offence,  at  least,  in  any  one  of  the  aforemen- 
tioned particulars ;  and  the  court  shall  have  power  to 
increase  the  fine,  or  to  impose  corporal  punishment 
where  a  fine  cannot  be  had,  at  their  discretion. 

And  it  is  also  ordered,  that  no  person  nor  persons 
shall  trade  with  them  at  or  about  their  wigwams,  but 
in  their  vessels  or  pinnaces,  or  at  their  own  houses, 


92 


FIRST  CODE 


under  penalty  of  twenty  shillings  for  each  default. 
Whereas,  it  doth  appear  that  notwithstanding  the 
former  laws  made  against  selling  guns  and  powder 
to  Indians,  they  are  yet  supplied  by  indirect  means, 
it  is  therefore  ordered  and  declared,  that  if  any  per- 
son after  publishing  of  this  order  shall  sell,  barter  or 
transport  any  guns,  powder,  bullets  or  lead,  to  any 
person  inhabiting  out  of  this  jurisdiction,  without 
license  of  this  court  or  from  some  two  magistrates, 
he  shall  forfeit  for  every  gun  ten  pounds,  for  every 
pound  of  gunpowder  five  pounds,  for  every  pound  of 
bullets  or  lead  forty  shillings,  and  so  proportion  ably 
for  any  greater  or  lesser  quantity  ;  provided  notwith- 
standing, that  it  is  left  to  the  judgment  of  the  court, 
that  where  any  offence  is  committed  against  the  said 
order,  either  to  aggravate  or  lessen  the  penalty,  accord- 
ing as  the  nature  "of  the  offence  shall  require. 

Whereas  divers  persons  depart  from  amongst  us, 
and  take  up  their  abode  with  the  Indians,  in  a  profane 
course  of  life ;  for  the  preventing  whereof, 

It  is  ordered  that  whatsoever  person  or  persons  that 
now  inhabiteth,  or  shall  inhabit  within  this  juris- 
diction, and  shall  depart  from  us  and  settle  or  join 
with  the  Indians,  that  they  shall  suffer  three  years' 
imprisonment  at  least,  in  the  house  of  correction, 
and  undergo  such  further  censure,  by  fine  or  corporal 
punishment,  as  the  particular  court  shall  judge  meet 
to  inflict  in  such  cases. 

Whereas  the  French,  Dutch,  and  other  foreign 
nations  do  ordinarily  trade  guns,  powder,  shot,  etc. 
with  the  Indians,  to  our  great  prejudice,  and  the 
strengthening  and  animating  of  the  Indians  against 
us,  as  by  daily  experience  we  find ;  and  whereas  the 


OF  CONNECTICUT.  93 

aforesaid  French,  Dutch,  etc.  do  prohibit  all  trade  with 
the  Indians  within  their  respective  jurisdictions  under 
penalty  of  confiscation ; 

It  is  therefore  hereby  ordered  by  this  court  and 
authority  thereof,  that  after  due  publication  hereof, 
it  shall  not  be  lawful  for  any  Frenchmen,  Dutchmen,  or 
person  of  any  other  foreign  nation,  or  any  English  liv- 
ing amongst  them  or  under  the  government  of  them,  or 
any  of  them,  to  trade  with  any  Indian  or  Indians 
within  the  limits  of  this  jurisdiction,  either  directly 
or  indirectly,  by  themselves  or  others,  under  penalty 
of  confiscation  of  all  such  goods  and  vessels  as  shall 
be  found  so  trading,  or  the  due  value  thereof,  upon 
just  proof  made  of  any  goods  or  any  vessels  so  trading 
or  traded :  and  it  shall  be  lawful  for  any  person  or 
persons  inhabiting  within  this  jurisdiction,  to  make 
seizure  of  any  such  goods  or  vessels  trading  with  the 
Indians  as  by  this  law  is  prohibited,  the  one  half 
whereof  shall  be  to  the  proper  use  and  benefit  of  the 
party  seizing,  and  the  other  to  the  public.* 

This  court,  judging  it  necessary  that  some  means 
should  be  used  to  convey  the  light  and  knowledge 
of  God  and  of  his  word  to  the  Indians  and  Natives 
amongst  us,  do  order  that  one  of  the  teaching  Elders 
of  the  churches  in  this  jurisdiction,  with  the  help 
of  Thomas  Stanton,  shall  be  desired,  twice  at  least 
in  every  year,  to  go  amongst  the  neighboring  Indians 
and  endeavour  to  make  known  to  them  the  counsels 
of  the  Lord,  and  thereby  to  draw  and  stir  them  up 
to  direct  and  order  all  their  ways  and  conversations 
according  to  the  rule  of  his  word  :  and  Mr.  Governor 


*Passed,  Sept.  18th,  1649,  upon  the  recommendation  of  the  Com- 
missioners of  the  U.  Colonies  of  New  England.     Col.  Ret1.,  i.  197. 


94:  FIRST  CODE 

and  Mr.  Deputy  and  the  other  magistrates  are  desired 
to  take  care  to  see  the  thing  attended,  and  with  their 
own  presence,  so  far  as  may  be  convenient,  encour- 
age the  same. 

This  court  having  duly  weighed  the  joint  determin- 
ation and  argument  of  the  Commissioners  of  the 
United  English  Colonies  at  New  Haven,  in  Anno  1G4G, 
in  reference  to  the  Indians,  and  judging  it  to  be  both 
according  to  rules  of  prudence  and  righteousness, 
do  fully  assent  thereunto,  and  order  that  it  be  recorded 
amongst  the  acts  of  this  court,  and  attended  in  future 
practice  as  occasions  may  present  and  require.  The 
said  conclusion  is  as  followeth : — 

The  Commissioners  seriously  considering  the  many 
wilful  wrongs  and  hostile  practices  of  the  Indians 
against  the  English,  together  with  their  entertaining, 
protecting,  and  rescuing  of  offenders,  as  late  our  expe- 
rience sheweth,  (which  if  suffered,  the  peace  of  the 
Colonies  cannot  be  secured,)  it  is  therefore  concluded, 
that  in  such  cases  the  magistrates  of  any  of  the  juris- 
dictions may,  at  the  charge  of  the  plaintiff,  send  some 
convenient  strength  of  English,  and  according  to  the 
nature  and  value  of  the  offence  and  damage,  seize  and 
bring  away  any  of  that  plantation  of  Indians  that 
shall  entertain,  protect,  or  rescue  the  offender,  though 
it  should  be  in  another  jurisdiction,  when  through 
distance  of  place,  commission  or  direction  cannot 
be  had,  after  notice  and  due  warning  given  them, 
as  aetors,  or  at  least  accessory  to  the  injury  and 
damage  done  to  the  English :  only  women  and  chil- 
dren to  be  sparingly  seized,  unless  known  to  be  some 
way  guilty.  And  because  it  will  be  chargeable  keep- 
ing Indians  in  prison,  and  if  they  should  escape  they 


OF  CONNECTICUT.  95 

are  like  to  prove  more  insolent  and  dangerous  after, 
it  was  thought  tit  that  upon  such  seizure,  the  delin- 
quent or  satisfaction  be  again  demanded  of  the  Saga- 
more or  plantation  of  Indians  guilty  or  accessory  as 
before  ;  and  if  it  be  denied,  that  then  the  magistrates 
of  the  jurisdiction  deliver  up  the  Indian  seized  to  the 
party  or  parties  endamaged,  either  to  serve  or  to  be 
shipped  out  and  exchanged  for  negroes,  as  the  case  will 
justly  bear.  And  though  the  Commissioners  foresee 
that  such  severe  though  just  proceeding  may  provoke 
the  Indians  to  an  unjust  seizing  of  some  of  ours,  yet 
they  could  not  at  present  find  no  better  means  to  pre- 
serve the  peace  of  the  colonies,  all  the  aforemen- 
tioned outrages  and  insolences  tending  to  an  open 
war  :  only  they  thought  fit  that  before  any  such  seiz- 
ure be  made  in  any  plantation  of  Indians,  the  ensuing 
declaration  be  published,  and  a  copy  given  to  the  par- 
ticular Sagamores : — 

The  Commissioners  for  the  United  Colonies,  consid- 
ering how  peace  with  righteousness  may  be  preserved 
betwixt  all  the  English  and  the  several  plantations  of 
the  Indians,  thought  fit  to  declare  and  publish,  as  they 
will  do  no  injury  to  them,  so  if  any  Indian  or  Indians, 
of  what  plantation  soever,  do  any  wilful  damage  to 
any  of  the  English  Colonies,  upon  proof,  they  will 
in  a  peaceable  way  require  just  satisfaction,  according 
to  the  nature  of  the  offence  and  damage.  But  if  any 
Sagamore  or  plantation  of  Indians,  after  notice  and 
due  warnings,  entertain,  hide,  protect,  keep,  convey 
away  or  further  the  escape  of  any  such  offender  or 
offenders,  the  English  will  require  satisfaction  of  such 
Indian  and  Sagamore,  or  Indian  plantation ;  and  if 
they  deny  it,  they  will  right  themselves  as  they  may 
upon  such  as  so  maintain  them  that  do  wrong,  keeping 


96  FIRST  CODE 

peace  and  all  terms  of  amity  and  agreement  with  all 
other  Indians. 

INNKEEPERS. 

Forasmuch  as  there  is  a  necessary  use  of  houses  of 
common  entertainment  in  every  commonwealth,  and 
of  such  as  retail  wine,  beer  and  victuals,  yet  because 
there  are  so  many  abuses  of  that  lawful  liberty,  both 
by  persons  entertaining  and  persons  entertained,  there 
is  also  need  of  strict  laws  and  rules  to  regulate  such  an 
employment ; 

It  is  therefore  ordered  by  this  court  and  authority 
thereof,  that  no  person  or  persons  licensed  for  common 
entertainment  shall  suffer  any  to  be  drunken  or  drink 
excessively,  viz :  above  half  a  pint  of  wine  for  one 
person  at  one  time,  or  to  continue  tippling  above  the 
space  of  half  an  hour,  or  at  unseasonable  times,  or 
after  nine  of  the  clock  at  night,  in  or  about  any  of 
their  houses,  on  penalty  of  five  shillings  for  every 
such  offence.  And  every  person  found  drunken,  viz :  so 
that  he  be  thereby  bereaved  or  disabled  in  the  use  of 
his  understanding,  appearing  in  his  speech  or  gesture, 
in  any  of  the  said  houses  or  elsewhere,  shall  forfeit  ten 
shillings ;  and  for  excessive  drinking,  three  shillings 
four  pence ;  and  for  continuing  above  half  an  hour 
tippling,  two  shillings  six  pence  ;  and  for  tippling  at 
unseasonable  times  or  after  nine  a  clock  at  night,  live 
shillings,  for  every  offence  in  these  particulars,  being 
lawfully  convicted  thereof;  and  for  want  of  payment, 
such  shall  be  imprisoned  until  they  pay,  or  be  set  in 
the  stocks,  one  hour  or  more,  in  some  open  place,  as 
the  weather  will  permit,  not  exceeding  three  hours  at 
one  time:  provided  notwithstanding,  such  licensed 
persons  may  entertain  seafaring  men  or  land  travellers 
in  the  night-season  when  they  come  first  on  shore,  or 


OF  CONNECTICUT.  97 

from  their  journey,  for  their  necessary  refreshment, 
or  when  they  prepare  for  their  voyage  or  journey 
the  next  day  early,  if  there  be  no  disorder  amongst 
them ;  and  also  strangers  and  other  persons  in  an  or- 
derly way  may  continue  in  such  houses  of  common 
entertainment  during  meal  times  or  upon  lawful  busi- 
ness, what  time  their  occasions  shall  require.* 

And  it  is  also  ordered  that  if  any  person  offend  in 
drunkenness,  excessive  or  long  drinking,  the  second 
time,  they  shall  pay  double  fines  :  and  if  they  fall  into 
the  same  offence  the  third  time,  they  shall  pay  treble 
fines :  and  if  the  parties  be  not  able  to  pay  their  fines, 
then  he  that  is  found  drunk  shall  be  punished  by 
whipping  to  the  number  of  ten  stripes,  and  he  that 
offends  by  excessive  or  long  drinking,  shall  be  put 
into  the  stocks  for  three  hours,  when  the  weather  may 
not  hazard  his  life  or  limbs ;  and  if  they  offend  the 
fourth  time  they  shall  be  imprisoned  until  they  put  in 
two  sufficient  sureties  for  their  good  behavior. 

And  it  is  further  ordered,  that  the  several  towns 
upon  the  River  within  this  jurisdiction,  shall  provide 
amongst  themselves  in  each  town,  one  sufficient  inhab- 
itant to  keep  an  Ordinary,  for  provision  and  lodg- 
ing in  some  comfortable  manner,  that  passengers  or 
strangers  may  know  where  to  resort.  And  such  inhab- 
itants as  by  the  several  towns  shall  be  chosen  for  the 
said  service  shall  be  presented  to  two  magistrates,  that 
they  may  be  judged  meet  for  that  employment.  And 
this  to  be  effected  by  the  several  towns  within  one 

*  Some  of  the  provisions  of  this  section  were  included,  in  sub- 
stance, in  an  Order  of  May  25th,  1647.  Compare  Mass,  law  of  Nov. 
1646  (ii.  172).  The  English  statute  of  4  James  I.  (chap.  5,  §  4.) 
imposed  a  penalty  on  every  person  continuing  drinking  or  tippling 
in  inns,  victualling-houses  or  ale-houses. 
5 


93  FIRST  CODE 

month,  under  the  penalty  of  forty  shillings  a  month 
for  each  month  that  either  town  shall  neglect  the 
same.* 

And  it  is  also  further  ordered,  that  every  inn- 
keeper or  victualler  shall  provide  for  entertainment  of 
strangers'  horses,  viz :  one  or  more  inclosures  for  sum- 
mer, and  hay  or  provender  for  winter,  with  convenient 
stable  room  and  attendance,  under  penalty  of  two 
shillings  sixpence  for  every  day's  default  and  double 
damage  to  the  party  thereby  wronged,  except  it  be  by 
inevitable  accident. 

Lastly,  it  is  ordered  by  the  authority  aforesaid,  that 
all  constables  may  and  shall,  from  time  to  time,  duly 
makes  search  throughout  the  limits  of  their  towns,  upon 
Lord's  days  and  Lecture  days,  in  times  of  exercise, 
and  also  at  other  times  so  oft  as  they  shall  see  cause, 
for  all  offences  and  offenders  against  this  law  in  any 
the  particulars  thereof :  and  if  upon  due  information 
or  complaint  of  any  of  their  inhabitants  or  other  cred- 
ible persons,  whether  taverner,  victualler,  tabler,  or 
other,  they  shall  refuse  to  make  search  as  aforesaid,  or 
shall  not  to  their  power  perform  all  other  things  be- 
longing to  their  place  or  office  of  constableship,  then 
upon  complaint  and  due  proof  before  any  one  magis- 
trate, within  three  months  after  such  refusal  or  neg- 
lect, they  shall  be  fined  for  every  such  offence  ten 
shillings,  to  be  levied  by  the  marshal  as  in  other  cases, 
by  warrant  from  such  magistrate  before  whom  they 
are  convicted,  or  warrant  from  the  treasurer  upon 
notice  from  such  magistrate. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  no  innkeeper,  victualler,  wine-drawer,  or  other, 

*  Ordered,  June  3d,  1644.  Col.  Eec.,  i.  103. 


OF  CONNECTICUT.  99 

shall  deliver  any  wine,  nor  suffer  any  to  be  delivered 
out  of  his  house,  to  any  which  come  for  it,  unless  they 
bring  a  note  under  the  hand  of  some  one  master  of 
some  familv  and  allowed  inhabitant  of  that  town  : 

•/ 

neither  shall  any  of  them  sell  or  draw  any  hot  water 
to  any  but  in  case  of  necessity,  and  in  such  moderation 
for  quantity  a.s  they  may  have  good  grounds  to  conceive 
it  may  not  be  abused  ;  and  shall  be  ready  to  give  an 
account  of  their  doings  herein,  when  they  are  called 
thereto,  under  censure  of  the  court  in  case  of  delin- 
quency. 

INDICTMENTS. 

If  any  person  shall  be  indicted  of  any  capital  crime 
(  who  is  not  then  in  durance,)  and  shall  refuse  to  ren- 
der his  person  to  some  magistrate  within  one  month 
after  three  proclamations  publicly  made  in  the  town 
where  he  usually  abides,  there  being  a  month  betwixt 
proclamation  and  proclamation,  his  lands  and  goods 
shall  be  seized  to  the  use  of  the  common  treasury,  till 
he  make  his  lawful  appearance,  and  such  withdrawing 
of  himself  shall  stand  instead  of  one  witness  to  prove 
his  crime,  unless  he  can  make  it  appear  to  the  court 
that  he  was  necessarily  hindered. 

JURIES  AND  JURORS. 

It  is  ordered  by  the  authority  of  this  court,  that  in 
all  cases  which  are  entered  under  forty  shillings,  the 
suit  shall  be  left  to  be  tried  by  the  court  of  magis- 
trates as  they  shall  judge  most  agreeable  to  equity  and 
righteousness.  And  in  all  cases  that  are  tried  by 
juries,  it  is  left  to  the  magistrates  to  impanel  a  jury  of 
six  or  twelve,  as  they  shall  judge  the  nature  of  the 
case  shall  require  ;  and  if  four  of  six,  or  eight  of  twelve, 
agree,  the  verdict  shall  be  deemed  to  all  intents  and 


100  FIRST  CODE 

and  purposes  sufficient  and  full ;  upon  which  judg- 
ment may  be  entered  and  execution  granted,  as  if  they 
had  all  concurred ;  but  if  it  fall  out  that  there  be  not 
such  a  concurrence  as  is  before  mentioned,  the  jurors 
shall  return  the  case  to  the  court  with  their  reasons, 
and  a  special  verdict  is  to  be  drawn  thereupon,  and  the 
vote  of  the  greater  number  of  magistrates  shall  carry 
the  same ;  and  the  judgment  to  be  entered  and  other 
proceedings  as  in  case  of  a  verdict  by  a  jury. 

And  it  is  further  ordered,  that  the  court  of  magis- 
trates shall  have  liberty  ( if  they  do  not  find  in  their 
judgments,  the  jury  to  have  attended  the  evidence 
given  in,  and  true  issue  of  the  case,  in  their  verdict,) 
to  cause  them  to  return  to  a  second  consideration 
thereof ;  and  if  they  still  persist  in  their  former  opin- 
ion, to  the  dissatisfaction  of  the  court,  it  shall  be  in 
the  power  of  the  court  to  impanel  another  jury,  and 
commit  the  consideration  of  the  case  to  them.  And 
it  is  also  left  in  the  power  of  the  court  to  vary  and 
alter  the  damages  given  in  by  any  jury,  as  they  shall 
judge  most  equal  and  righteous,  provided,  that  what 
alteration  shall  at  any  time  be  made  in  that  kind,  be 
done  in  open  court,  before  plaintiff  and  defendant,  or 
affidavit  made  that  they  have  been  required  to  be 
present,  and  that  alteration  which  is  made  be  done 
either  the  same  court,  or  provision  made  to  secure  the 
verdict  of  the  jury  until  the  case  be  fully  issued.  And 
whereas  many  persons,  after  their  several  causes  in 
court  have  been  tried  and  issued,  have  slipped  away  or 
otherwise  neglected,  if  not  refused,  to  pay  the  charges 
of  the  court,  according  to  order ;  for  preventing  there- 
of for  the  future,  It  is  ordered,  that  whosoever  shall 
have  any  action  or  suit  in  court,  after  the  publishing 
hereof,  shall,  as  soon  as  his  cause  is  issued  pay  the 


OF  CONNECTICUT.  101 

whole  charges  of  the  court,  that  concerns  either  jury 
or  secretary,  before  he  departs  the  same.  And  the 
like  also  sJiall  be  done  by  all  those  whose  actions  are 
not  taken  up,  and  withdrawn  before  the  sitting  of  the 
court  wherein  they  were  to  be  tried ;  or  otherwise,  for 
neglect  or  non-performance  of  either,  be  committed  to 
prison,  there  to  remain  till  he  or  they  have  satisfied 
the  same. 

GRAND  JURY. 

It  is  ordered  and  decreed,  that  there  shall  be  a  grand 
jury  of  twelve  or  fourteen  able  men  warned  to  appear 
every  court  yearly,  in  September,  or  as  many  and  oft 
as  the  governor  or  court  shall  think  meet,  to  make 
presentment  of  the  breaches  of  any  laws  or  orders  or 
any  other  misdemeanors  they  shall  know  of  in  this 
jurisdiction.* 

LANDS  ;    FREE  LANDS. 

It  is  ordered,  and  by  this  court  declared,  that  our 
lands  and  heritages  shall  be  free  from  all  fines  and 
licenses  upon  alienations,  and  from  all  harriots, 
wardships,  liveries,  primer  seisins,  year,  day,  and 
waste,  escheats  and  forfeitures  upon  the  death  of 
parents  or  ancestors,  be  they  natural,  unnatural,  casual 
or  judicial,  and  that  for  ever.f 

LEVIES. 

Forasmuch  as  the  marshals  and  other  officers  have 
complained  to  this  court  that  they  are  oftentimes  in 
great  doubt  how  to  demean  themselves  in  the  execu- 
tion of  their  offices ; 

It  is  ordered  by  the  authority  of  this  court,  that  in 
case  of  fines  and  assessments  to  be  levied,  and  upon 

*  July  5th,  1G43.  Col.  Kec.,  i.  91. 

f  Massachusetts  Body  of  Liberties,  §  10. 


102 


FIRST  CODE 


execution  in  civil  actions,  the  officer  shall  demand  the 
same  of  the  party  or  at  his  house  and  place  of  usual 
abode ;  and  upon  refusal  or  non-payment,  he  shall  have 
power  (calling  the  constable,  if  he  see  cause  for  his 
assistance )  to  break  open  the  door  of  any  house,  chest, 
or  place  where  he  shall  have  notice  that  any  goods  lia- 
ble to  such  levy  or  execution  shall  be ;  and  if  he  be  to 
take  the  person,  he  may  do  the  like,  if  upon  demand 
he  shall  refuse  to  render  himself;  and  whatsoever 
charges  the  officer  shall  necessarily  be  put  unto,  upon 
any  such  occasion,  he  shall  have  power  to  levy  the 
same  as  he  doth  the  debt,  fine,  or  execution  ;  and  if 
the  officer  shall  levy  any  such  goods  upon  execution 
as  cannot  be  conveyed  to  the  place  where  the  party 
dwells  for  whom  such  execution  shall  be  levied,  with- 
out considerable  charge,  he  shall  levy  the  said  charge, 
also  with  the  execution.  The  like  order  shall  be  ob- 
served in  levying  of  fines  ;  provided,  it  shall  not  be 
lawful  for  such  officer  to  levy  any  man's  necessary 
bedding,  apparel,  tools,  or  arms,  neither  implements 
of  household  which  are  for  the  necessary  upholding 
of  his  life  ;  but  in  such  cases  he  shall  levy  his  land  or 
person,  according  to  law  ;  and  in  no  case  shall  the  of- 
ficer be  put  to  seek  out  any  man's  estate  further  than 
his  place  of  abode ;  but  if  the  party  will  not  discover 
his  goods  or  land,  the  officer  may  take  his  person. 
And  it  is  also  ordered  and  declared,  that  if  any  officer 
shall  do  injury  to  any,  by  color  of  his  office,  in  these 
or  any  other  cases,  he  shall  be  liable  upon  complaint 
of  the  party  wronged,  by  action  or  information,  to 
make  full  restitution."  See  MARSHAL. 

LYING. 

Whereas  truth  in  words  as  well  as  in  actions  is 


OF  CONNECTICUT.  103 

required  of  all  men,  especially  of  Christians  who  are 
the  professed  servants  of  the  God  of  Truth ;  and 
whereas  all  lying  is  contrary  to  truth,  and  some  sorts 
of  lies  are  not  only  sinful  (as  all  lies  are),  but  also 
pernicious  to  the  public  weal  and  injurious  to  particu- 
lar persons ; 

It  is  therefore  ordered  by  this  court  and  authority 
thereof,  that  every  person  of  the  age  of  discretion, 
which  is  accounted  fourteen  years,  who  shall  wittingly 
and  willingly  make  or  publish  any  lie  which  may  be 
pernicious  to  the  public  weal,  or  tending  to  the  dam- 
age or  injury  of  any  particular  person,  [or  with  intent] 
to  deceive  and  abuse  the  people  with  false  news 
or  reports,  and  the  same  duly  proved  in  any  court 
or  before  any  one  magistrate,  who  hath  hereby  power 
granted  to  hear  and  determine  all  offences  against  this 
law,  such  persons  shall  be  fined  for  the  first  offence 
ten  shillings,  or  if  the  party  be  unable  to  pay  the 
same,  then  to  be  set  in  the  stocks,  so  long  as  the  said 
court  or  magistrate  shall  appoint,  in  some  open  place, 
not  exceeding  three  hours ;  for  the  second  offence  in 
that  kind,  whereof  any  shall  be  legally  convicted,  the 
sum  of  twenty  shillings,  or  be  whipped  upon  the 
naked  body  not  exceeding  twenty  stripes ;  and  for  the 
third  offence  that  way,  forty  shillings,  or  if  the  party 
be  unable  to  pay,  then  to  be  whipped  with  more 
stripes  not  exceeding  thirty,  And  if  yet  any  shall 
offend  in  like  kind  and  be  legally  convicted  thereof, 
such  person,  male  or  female,  shall  be  fined  ten  shil- 
lings at  a  time  more  than  formerly,  or  if  the  party  so 
offending  be  unable  to  pay,  then  to  be  whipped  with 
five  or  six  stripes  more  than  formerly,  not  exceeding 
forty  at  any  time.  And  for  all  such  as  being  under 
age  of  discretion,  that  shall  offend  in  lying,  contrary 


104:  FIRST  CODE 

to  this  order,  their  parents  or  masters  shall  give  them 
due  correction,  and  that  in  the  presence  of  some  of- 
ficer, if  any  magistrate  shall  so  appoint.  Provided 
also,  that  no  person  shall  be  barred  of  his  just  action 
of  slander  or  otherwise,  by  any  proceeding  upon  this 
order.* 

MASTEKS,  SERVANTS,  SOJOUKNER8. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  no  master  of  a  family  shall  give  entertainment  or 
habitation  to  any  young  man  to  sojourn  in  his  fam- 
ily, but  by  the  allowance  of  the  inhabitants  of  the 
town  where  he  dwells,  under  the  penalty  <of  twenty 
shillings  per  week.  And  it  is  also  ordered,  that  no 
young  man  that  is  neither  married  nor  hath  any  ser- 
vant, nor  is  a  public  officer,  shall  keep  house  of  him- 
self without  the  consent  of  the  town  for  and  under 
pain  or  penalty  of  twenty  shillings  a  week.f 

It  is  also  ordered  by  the  authority  aforesaid,  that  no 
servant,  either  man  or  maid,  shall  either  give,  sell  or 
truck,  any  commodity  whatsoever,  without  license 
from  their  master,  during  the  time  of  their  service, 
under  pain  of  fine  or  corporal  punishment  at  the  dis- 
cretion of  the  court,  as  the  offence  shall  deserve. 
And  that  all  workmen  shall  work  the  whole  day-,  al- 
lowing convenient  time  for  food  and  rest. 

It  is  also  ordered,  that  when  any  servants  shall  run 
from  their  masters,  or  any  other  inhabitants  shall  pri- 
vately go  away  with  suspicion  of  ill  intentions,  it 
shall  be  lawful  for  the  next  magistrate,  or  the  con- 

*  Copied  (with  the  preamble)  from  the  Massachusetts  law  of 
1645.  (Mass.  Rec.,  ii.  104.) 

t  Feb.  21st  1637.  Col.  Records,  i.  8.  The  words '  for  and,'  in  the 
line  before  the  last,  were  probably  substituted  for  '  first  had,'  by  an 
error  of  the  compiler,  or  recorder,  of  the  code  of  1650. 


OF  CONNECTICUT.  105 

stable  and  two  of  the  chiefest  inhabitants,  where  no 
magistrate  is,  to  press  men  and  boats  or  pinnaces,  at 
the  public  charge,  to  pursue  such  persons  by  sea  or 
land,  and  bring  them  back  by  force  of  arms. 

And  whereas  many  stubborn,  refractory  and  dis- 
contented servants  and  apprentices,  withdraw  them- 
selves from  their  masters'  services  to  improve  their 
time  to  their  own  advantage ;  for  the  preventing 
whereof,  It  is  ordered,  that  whatsoever  servant  or  ap- 
prentice shall  hereafter  offend  in  that  kind,  before 
their  covenants  or  term  of  service  are  expired,  shall 
serve  their  said  masters,  as  they  shall  be  apprehended 
or  retained,  the  treble  term  or  threefold  time  of  their 
absence  in  such  kind.* 

MANSLAUGHTER. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  if  any  person  in  the  just  and  necessary  defence 
of  his  life,  or  the  life  of  any  other,  shall  kill  any  per- 
son attempting  to  rob  or  murder  in  the  field  or  high- 
way, or  to  break  into  any  dwelling  house,  if  he  con- 
ceive he  cannot  with  safety  of  his  own  person  other- 
wise take  the  felon  or  assailant,  or  bring  him  to  trial, 
he  shall  be  holden  blameless.f 

MAGISTRATES. 

This  court  being  sensible  of  the  great  disorder 
growing  in  this  commonwealth,  through  the  con- 
tempts cast  upon  the  civil  authority,  which  willing  to 
prevent,  doth  order  and  decree : — 

That  whosoever  shall  henceforth  openly  or  willingly 
defame  any  court  of  justice,  or  the  sentences  and  pro- 

*  June,  1644.  Col.  Rec.,  i.  105. 
f  Mass.  Records,  ii.  212  (1647). 
5* 


£06  FIRST  CODE 

ceedings  of  the  same,  or  any  of  the  magistrates  or 
judges  of  any  such  court,  in  respect  of  any  act  or  sen- 
tence therein  passed,  and  being  thereof  lawfully  con- 
victed in  any  general  court,  or  court  of  magistrates, 
shall  be  punished  for  the  same  by  fine,  imprisonment, 
disfranchisement  or  banishment,  as  the  quality  and 
measure  of  the  offence  shall  deserve. 

MARRIAGE. 

Forasmuch  as  many  persons  intangle  themselves  by 
rash  and  inconsiderate  contracts  for  their  future  join- 
ing in  marriage  covenant,  to  the  great  trouble  and 
grief  of  themselves  and  their  friends ;  for  the  pre- 
venting thereof, 

It  is  ordered  by  the  authority  of  this  court,  that 
whosoever  intends  to  join  themselves  in  marriage 
covenant  shall  cause  their  purpose  of  contract  to  be 
published  in  some  public  place  and  at  some  public 
meeting,  in  the  several  towns  where  such  persons 
dwell,  at  the  least  eight  days  before  they  enter  into 
such  contract  whereby  they  engage  themselves  each  to 
other,  and  that  they  shall  forbear  to  join  in  marriage 
covenant  at  least  eight  days  after  the  said  contract.* 

And  it  is  also  ordered  and  declared,  that  no  person 
whatsoever,  male  or  female,  not  being  at  his  or  her 
own  dispose,  or  that  remaineth  under  the  govern- 
ment of  parents,  masters  or  guardians,  or  such  like, 
shall  either  make,  or  give  entertainment  to,  any  motion 
or  suit  in  way  of  marriage,  without  the  knowledge 
and  consent  of  those  they  stand  in  such  relation  to, 
under  the  severe  censure  of  the  court  in  case  of  delin- 
quency, not  attending  this  order;  nor  shall  any  third 

*  Enacted  April,  10th,  1640.     Col.  Rec.,  i.  47,  48. 


OF  CONNECTICUT.  107 

person  or  persons  intermeddle  in  making  any  motion 
to  any  such,  without  the  knowledge  and  consent  of 
those  under  whose  government  they  are,  under  the 
same  penalty.* 

MARRIAGES   AND   BIRTHS  J    See  RECORDS. 
MARSHAL. 

It  is  ordered  by  this  court,  that  the  marshal  shall 
be  allowed  for  every  execution  he  serves  which  is 
under  the  sum  of  five  pounds,  two  shillings  six  pence, 
and  four  pence  for  every  mile  he  goes  to  serve  the 
said  execution  out  of  the  town  where  he  liveth :  And 
for  every  execution  he  serves  of  or  above  five  pounds 
and  under  the  sum  of  ten  pounds,  he  shall  be  allowed 
three  shillings  four  pence,  and  four  pence  for  every 
mile,  as  before :  And  for  every  execution  he  serves  of 
or  above  the  sum  of  ten  pounds,  he  shall  be  allowed 
five  shillings,  and  four  pence  for  every  mile  as  before. 
Also  he  is  to  be  allowed  his  other  just  and  necessary 
charges;  only  it  is  provided  that  if  he  be  excessive 
therein,  upon  due  complaint  and  proof  made,  it  shall 
be  redressed.  And  it  is  also  further  ordered  that  the 
marshal  shall  be  allowed  for  every  attachment  he 
serves  half  so  much  as  is  before  allowed  him  for  exe- 
cutions, only  he  is  is  to  have  four  pence  for  every 
mile  he  goes  to  serve  the  attachment  as  before. 

It  is  further  ordered  by  the  court  and  authority 
thereof,  that  every  officer  f  that  shall  at  any  time  be 
fined  for  the  breach  of  any  penal  law  or  other  just 
cause,  such  person  or  persons  so  offending  shall 
forthwith  pay  his  or  their  fine  or  penalty  or  give  in 

*  July  5th,  1643.     Ibid,  92. 

f  In  the  printed  revision  of  1672-3,  the  word  'person'  is  substi- 
tuted for  '  officer.' 


108  FIRST  CODE 

security  speedily  to  do  it,  or  else  shall  be  imprisoned 
or  kept  to  work  till  it  be  paid,  that  no  loss  may  come 
to  the  commonwealth ;  and  what  other  fines  or  debts 
already  due  or  shall  be  due  to  the  country,  the  mar- 
shal for  the  time  being,  upon  warrant  from  the  treas- 
urer, and  according  to  his  oath,  shall  be  faithful  in 
doing  the  duty  of  his  place  in  levying  and  returning 
the  same,  upon  pain  of  forfeiting  two  shillings  of  his 
own  estate  for  every  pound,  or  else  such  fine  as  any 
court  of  justice  shall  impose  on  him  for  neglect. 

MEASURES   AND   WEIGHTS. 

Forasmuch  as  it  is  observed  that  there  are  divers  of 
weights,  yards,  and  measures  amongst  us,  whereby 
damages  many  times  ensueth  by  commerce  with  sev- 
eral persons ;  for  the  preventing  whereof, 

It  is  now  ordered,  that  no  man  within  these  liber- 
ties, shall,  after  the  publishing  of  this  order,  sell  any 
commodities  but  by  sealed  weight  or  measure,  under 
the  penalty  of  twelve  pence  each  default.  The  clerk 
is  to  have  a  penny  for  sealing  a  weight  or  measure 
each  time ;  and  no  weight  or  measure  is  to  be  ac- 
counted authentic  that  is  not  sealed  or  approved  by 
the  clerk,  once  every  year.  The  said  clerk  is  to  break 
or  demolish  such  weights,  yards,  or  measures  as  are 
defective. 

MILITARY  AFFAIRS. 

It  is  ordered  and  by  this  court  declared,  that  all 
persons  that  are  above  the  age  of  sixteen  years,  ex- 
cept magistrates  and  church  officers,  shall  bear  arms, 
unless  they  have,  upon  just  occasion,  exemption 
granted  by  the  court ;  and  every  male  person  within 
this  jurisdiction  above  the  said  age,  shall  have  in  con- 
tinual readiness,  a  good  musket  or  other  gun,  fit  for 


OF  CONNECTICUT.  109 

service  and  allowed  by  the  clerk  of  the  band,  with  a 
sword,  rest,  and  bandaleers,  or  other  serviceable  pro- 
vision in  the  room  thereof  where  such  cannot  be  had  ; 
as  also  such  other  military  provision  of  powder, 
match,  and  bullets  as  the  law  requires;  and  if  any 
person  who  is  to  provide  arms  or  ammunition  cannot 
purchase  them  by  such  means  as  he  hath,  he  shall 
bring  to  the  clerk  so  much  corn  or  other  merchantable 
goods  as,  by  apprizement  of  the  said  clerk  and  two 
others  of  the  company  (whereof  one  to  be  chosen  by 
the  party)  as  shall  be  judged  of  a  greater  value  by  a 
fifth  part  than  such  arms  or  ammunition  is  of,  he 
shall  be  excused  of  the  penalty  for  want  of  arms  (but 
not  for  want  of  appearance)  until  he  be  provided. 
And  the  clerk  shall  endeavor  to  furnish  him  so  soon 
as  may  be  by  sale  of  such  goods  so  deposited,  render- 
ing the  overplus  to  the  party.  But  if  any  person 
shall  not  be  able  to  provide  himself  arms  or  ammuni- 
tion through  mere  poverty,  if  he  be  single  he  shall  -be 
put  to  service  by  some  magistrate,  and  the  constable 
shall  appoint  him  arms  and  ammunition,  and  shall 
appoint  him  when  and  with  whom  to  earn  it  out. 

And  it  is  ordered  that  all  the  soldiers  within  this 
jurisdiction  shall  be  trained  at  least  six  times  yearly, 
in  the  months  of  March,  April,  May,  September,  Oc- 
tober, or  November,  by  the  appointment  of  the  captain 
or  chief  officer  in  the  several  towns.  And  the  times 
of  their  meeting  together  shall  be  at  eight  of  the  clock 
in  the  morning.  And  the  clerk  of  each  band  shall, 
twice  every  year  at  least,  view  the  arms  and  ammuni- 
tion of  the  band,  to  see  if  they  all  be  according  to 
law;  And  shall  upon  every  training  day  give  his 
attendance  in  the  field,  every  day,  (except  he  hath 
special  leave  from  his  captain  or  chief  officer,)  to  call 


FIRST  CODE 

over  the  roll  of  the  soldiers  and  take  notice  of  any 
defect  by  their  absence  or  otherwise :  And  he  shall 
duly  present  to  the  governor  or  some  of  the  magis- 
trates, all  defects  in  arms  or  ammunition,  at  least  once 
in  each  year,  and  oftener  if  it  be  required.  And  it  is 
left  to  the  judgment  of  the  magistrates  to  punish  all 
detects  in  that  kind  according  to  the  nature  of  the 
offence,  wherein  due  regard  is  to  be  had  of  wilful 
neglects  in  any,  that  such  may  not  pass  without  a 
severe  censure.  And  whosoever  shall  be  absent  any 
of  the  days  appointed  for  training,  after  the  hour 
appointed,  or  shall  not  continue  the  whole  time,  shall 
forfeit  the  sum  of  two  shillings  six  pence  for  every 
default,  except  such  as  are  licensed  under  the  hand  of 
two  magistrates.  The  clerks  of  the  several  bands  are 
to  distrain  the  delinquents,  within  fourteen  days  after 
the  forfeiture;  whereof  six  pence  shall  be  to  himself 
and  the  remainder  for  the  maintenance  of  drums, 
colors,  etc.  And  if  any  of  the  said  clerks  shall  omit 
to  distrain  any  delinquents,  above  the  said  term  of 
fourteen  days,  he  shall  forfeit  and  pay  to  the  use  of 
the  public,  double  the  fine  so  neglected  by  him. 

It  is  ordered,  that  the  soldiers  shall  only  make  choice 
of  their  military  officers,  and  present  them  to  the  par- 
ticular court ;  but  such  only  shall  be  deemed  officers, 
as  the  court  shall  confirm.* 

The  state  and  condition  of  the  place  where  we 
live,  by  reason  of  the  Indians,  and  otherwise,  requir- 
ing all  due  means  to  be  used  for  the  preservation  of 
the  safety  and  peace  of  the  same,  this  court  judgeth 
necessary  that  there  should  be  a  magazine  of  powder 

*  Enacted,  May  25,  1647.  The  Massachusetts  law  of  May,  1647, 
gave  all  freemen  of  the  town  the  right  of  voting  in  the  choice  of 
military  officers.  (Mass.  Bee.,  ii.  191.) 


OF  CONNECTICUT.  HI 

and  shot  provided  and  maintained  in  the  country,  in 
each  town  within  this  jurisdiction  ;  and  do  therefore 
order  and  decree,  that  there  shall  be  two  barrels  of 
powder  and  six  hundred  weight  of  lead  provided  by 
this  commonwealth,  before  the  general  court  in  Sep- 
tember next,  which  shall  be  maintained  and  continued, 
and  accounted  as  the  country  stock.  And  it  is  also 
further  ordered,  that  the  several  towns  within  this  ju- 
risdiction shall  provide  and  maintain  as  followeth,  viz : 

Windsor,  one  barrel  and  half  of  powder,  four  hun- 
dred and  fifty  pound  of  lead,  one  hundred  fathom  of 
match,  nine  cotton  coats  or  corselets,  and  sufficient 
serviceable  pikes  to  either  of  them. 

Hartford,  two  barrels  of  powder,  six  hundred  weight 
of  lead,  and  six  score  fathom  of  match,  and  twelve  cot- 
ton coats  or  corselets,  with  serviceable  pikes  to  either 
of  them. 

Wethersfeild,  one  barrel  of  powder,  three  hundred 
weight  of  lead,  eighty  fathom  of  match,  and  eight  cot- 
ton coats  or  corselets,  with  serviceable  pikes  to  either 
of  them. 

Seabrooke,  half  a  barrel  of  powder,  one  hundred  and 
fifty  pound  of  lead,  forty  fathom  of  match,  and  three 
cotton  coats  or  corselets,  with  serviceable  pikes  to  either 
of  them. 

Farmington,  the  same  in  each  particular  with  Sea- 
brooke. 

.  Fairefeild,  and  Stratford,  in  each  town,  one  barrel 
of  powder,  three  hundred  weight  of  lead,  one  hundred 
fathom  of  match,  and  six  coats  or  corselets,  with  ser- 
viceable pikes  to  either  of  them. 

Southampton,  and  Pequett,  in  each  town,  half  a 
barrel  of  powder,  one  hundred  and  fifty  pounds  of 


FIRST  CODE 

lead,  forty  fathom  of  match,  with  three  coats  or  corse- 
lets with  serviceable  pikes  to  either  of  them. 

Each  town  .also  shall  provide  so  many  good  firelock 
muskets  and  good  backswords  or  cutlasses,  as  the  corse- 
lets are  they  are  charged  with  by  this  order.  All  which 
shall  be  provided  by  the  several  towns  by  the  court  in 
September  next,  and  maintained  constantly  for  the 
future,  upon  the  penalty  of  ten  shillings  per  month  for 
each  town's  defect  or  neglect  herein. 

Also  it  is  further  ordered,  That  every  male  person 
within  this  jurisdiction,  that  is  above  the  age  of  sixteen 
years,  whether  magistrates,  ministers,  or  any  other, 
( though  exempted  from  training,  watching,  and  ward- 
ing,) shall  be  always  provided  with,  and  have  in  read- 
ness  by  them,  half  a  pound  of  powder,  two  pounds  of 
serviceable  bullets  or  shot,  and  two  fathom  of  match 
to  every  matchlock,  upon  the  penalty  of  five  shillings 
a  month  for  each  person's  default  herein :  provided 
notwithstanding,  that  if  the  proportions  of  powder 
laid  upon  each  town  and  person  either  doth  not  at 
present  or  shall  not  (by  reason  of  the  increase  of  their 
numbers,)  for  the  future,  amount  in  all  to  three  pound 
of  powder  for  every  soldier,  then  each  town  shall,  up- 
on the  former  penalty,  provide  so  much  more  as  shall 
be  three  pounds  of  powder  for  a  soldier,  and  other 
provision  of  lead,  &c.,  increase  in  each  town  according 
to  the  same  proportion. 

"Whereas  many  inconveniences  do  appear,  by  reason 
that  the  several  soldiers  of  the  trained  bands  in  each 
town  within  this  jurisdiction  have  not  been  allowed 
some  powder  upon  their  training  days,  for  their  prac- 
tice and  exercise  in  their  several  firings : — 

It  is  ordered  by  the  authority  of  this  court,  that 
there  shall  be  allowed  to  every  soldier  iu  tlie  several 


OF  CONNECTICUT.  113 

trained  bands  in  each  town  as  aforesaid,  half  a  pound 
of  powder  a  piece  for  a  year,  and  so  from  year  to  year 
for  the  future,  to  be  provided  by  and  at  the  proper 
costs  and  charges  of  the  masters  and  governors  of  each 
family  unto  which  the  said  soldiers  do  belong,  to  be 
called  forth,  improved,  and  disposed  of.  at  the  discre- 
tion of  the  captain  or  other  principal  leaders  in  each 
trained  band.* 

It  is  also  ordered,  that  the  captains,  lieutenants,  and 
ensigns  shall  be  freed  from  watching  and  warding, 
and  the  sergeants  from  warding  and  half  their  watch. 

MINISTERS'  MAINTENANCE. 

Whereas  the  most  considerable  persons  in  these 
colonies  came  into  these  parts  of  America  that  they 
might  enjoy  Christ  in  his  ordinances,  without  distur- 
bance; And  whereas  amongst  many  other  precious 
mercies  the  ordinances  have  been  and  are  dispensed 
amongst  us  with  much  purity  and  power ;  this  court 
took  it  into  their  serious  consideration  how  due  main- 
tenance, according  to  God,  might  be  provided  and 
settled,  both  for  the  present  and  future,  for  the  en- 
couragement of  the  ministers  who  labor  therein ;  And 
do  order,  that  those  who  are  taught  in  the  word,  in 
the  several  plantations  be  called  together,  that  every 
man  voluntarily  set  down  what  he  is  willing  to  allow 
to  that  end  and  use :  And  if  any  man  refuse  to  pay  a 
meet  proportion,  that  then  he  be  rated  by  Authority 
in  some  just  and  equal  way ;  and  if  after  this  any  man 
withhold  or  delay  due  payment,  the  civil  power  to  be 
exercised,  as  in  other  just  debts.f 


*  Enacted,  July  12,  1648. 

t  Ordered,  Oct.  25th,  1644,  upon  the  recommendation  of  the  Com- 
missioners of  the  U.  Colonies.     Col.  Rec.,  i.  112. 


FIRST  CODE 


OATHS. 

[The  oaths  for  the  Governor,  Magistrates,  and  Constables,  are 
the  same  as  those  printed  at  the  end  of  the  Fundamental  Orders, 
pages  58,  69.] 

The  Oath  of  a  Freeman. 

I,  A.  B.  being  by  the  providence  of  God  an  inhabi- 
tant within  the  jurisdiction  of  Connecticut,  do  ac- 
knowledge myself  to  be  subject  to  the  government 
thereof,  and  do  swear  by  the  great  and  fearful  name 
of  the  everliving  God,  to  be  true  and  faithful  unto 
the  same,  and  do  submit  both  my  person  and  estate 
thereunto,  according  to  all  the  wholesome  laws  and 
orders  that  there  are  or  hereafter  shall  be  there  made 
and  established  by  lawful  authority,  and  that  I  will 
neither  plot  nor  practice  any  evil  against  the  same, 
nor  consent  to  any  that  shall  so  do,  but  will  timely  dis- 
cover the  same  to  lawful  authority  there  established  ; 
and  that  I  will,  as  I  am  in  duty  bound,  maintain  the 
honor  of  the  same  and  of  the  lawful  magistrates  there- 
of, promoting  the  public  good  of  it,  whilst  I  shall 
so  continue  an  inhabitant  there  ;  and  whensoever  I 
shall  give  my  vote  or  suffrage  touching  any  matter 
which  concerns  this  commonwealth,  being  called  there- 
unto, will  give  it  as  in  my  conscience  I  shall  judge 
may  conduce  to  the  best  good  of  the  same,  without 
respect  of  persons  or  favor  of  any  man.  So  help  me 
God  in  our  Lord  Jesus  Christ. 


Oath  for  the 

You  shall  swear  that  you  A.  B.,  shall  duly  try  the 
cause  or  causes  now  given  you  in  charge,  between  the 
plaintiff  and  defendant,  (or  plaintiffs  and  defendants,) 
according  to  your  evidence  given  in  court,  and  accord- 
ingly a  true  verdict  give  ;  your  own  counsel  and  your 


OF  CONNECTICUT.  115 

fellows'  you  shall  duly  keep  ;  you  shall  speak  nothing 
to  any  one,  of  the  business  and  matters  in  hand,  but 
amongst  yourselves,  nor  shall  you  suffer  any  to  speak 
unto  you  about  the  same,  but  in  court :  when  you  are 
agreed  of  any  verdict  you  shall  keep  it  secret  till 
you  deliver  it  up  in  court :  So  help  you  God. 

[The  three  following  were  inserted  after  the  adoption  of  the  code, 
and  are  in  the  handwriting  of  Secretary  Clark.] 

Commissioner's  Oath. 

You  do  swear  by  the  great  and  dreadful  name  of 
the  everlasting  God,  that  for  this  year  ensuing  and 
until  new  be  chosen,  you  shall  faithfully  execute  the 
place  and  office  you  are  chosen  unto,  according  to  the 
extent  of  your  commission  :  So  help  you  God,  in  the 
name  of  the  Lord  Jesus  Christ. 

Secretary's   Oath. 

A.  B.  You  being  chosen  Secretary  for  this  jurisdic- 
tion, during  this  year,  do  swear  by  the  great  name  of 
God,  that  you  shall  keep  the  secrets  of  the  court  and 
shall  carefully  execute  the  place  of  a  Secretary,  and 
shall  truly  and  faithfully  record  all  orders  of  the 
court ;  and  (fix  the  seal  unto  the  orders  sent  forth  to 
the  respective  towns,  and*)  shall  deliver  true  copies  and 
certificates  when  they  shall  be  necessarily  required. 
So  help  you  God,  in  our  Lord  Jesus  Christ. 

Grand  Jury's  Oath. 

You  do  swear,  by  the  great  and  dreadful  name  of 
God,  that  you  will  with  all  due  care  and  faithfulness 
make  presentment  according  to  order,  at  the  Quarter 
Court  in  September  next,  such  misdemeanors  and 

*  The  words  in  the  parenthesis  are  interlined  in  the  record. 


116  FIRST  CODE 

transgressions  of  the  laws  and  orders  of  this  common- 
wealth as  shall  come  to  your  cognizance ;  as  also  to  do 
your  endeavor  to  find  out  such  things  as  are  contrary 
to  religion  and  peace :  so  help  you  God,  in  our  Lord 
Jesus  Christ. 

PEAG. 

It  is  ordered  by  this  Court  and  decreed,  that  no 
peag,  white  or  black,  be  paid  or  received,  but  what 
is  strung  and  in  some  measure  strung  suitably,  and 
not  small  and  great,  uncomely  and  disorderly  mixed, 
as  formerly  it  hath  been.* 

POOK. 

It  is  ordered  by  this  Court  and  authority  thereof, 
that  the  court  of  magistrates  shall  have  power  to 
determine  all  differences  about  lawful  settling  and 
providing  for  poor  persons,  and  shall  have  power  to 
dispose  of  all  unsettled  persons,  into  such  towns  as 
they  shall  judge  to  be  most  fit  for  the  maintenance 
and  employment  of  such  persons  and  families  for  the 
ease  of  the  country. 

POUND;  POUND  BREACH. 

For  prevention  and  due  recompense  of  damage  in 
cornfields  and  other  inclosures  done  by  swine  and 
cattle,  It  is  ordered  by  this  Court  and  authority  thereof, 
that  there  shall  be  one  sufficient  pound  or  more  made 
and  maintained  in  every  town  and  village  within  this 

*  Recommended  by  the  Commissioners  of  the  U.  Colonies,  and 
approved  by  the  Gen.  Court,  March,  1649  ;  Col.  Rec.,  i.  179.  "Peag" 
was  a  general  name  for  the  shell  money  made  by  the  Indians.  The 
"white"  or  cheaper  sort  was  called  wampum,  or  sometimes  viam- 
pum-peag. 


OF  CONNECTICUT.  117 

jurisdiction,  for  the  impounding  of  all  such  swine  and 
cattle  as  shall  be  found  in  any  cornfield  or  other  in- 
closure :  and  whosoever  impounds  any  swine  or  cattle 
shall  give  present  notice  to  the  owners,  if  he  be  known, 
or  otherwise  they  shall  be  cried  at  the  two  next  lectures 
or  markets.  And  if  swine  or  cattle  escape  out  of 
the  pound,  the  owner,  if  known,  shall  pay  all  damages, 
according  to  law. 

And  whereas  impounding  of  cattle  in  case  of  tres- 
passes hath  been  always  found  both  needful  and 
profitable,  and  all  the  breaches  about  the  same  very 
offensive  and  injurious  :— *-It  is  therefore  ordered  by 
this  Court  and  authority  thereof,  that  if  any  person 
shall  resist  or  rescue  any  cattle  going  to  the  pound, 
or  shall  by  any  way  or  means  convey  them  out  of 
pound  or  custody  of  the  law,  whereby  the  party 
wronged  may  lose  his  damage  and  the  law  be  deluded, 
that  in  case  of  mere  rescues,  the  party  ofiending  shall 
forfeit  to  the  treasury,  forty  shillings;  and  in  case  of 
pound  breach,  five  pounds ;  and  shall  also  pay  all 
damages  to  the  party  wronged :  and  if  in  the  rescue 
any  bodily  harms  be  done  to  the  person  of  any  man 
or  other,  they  shall  have  remedy  against  the  rescuers : 
and  if  either  be  done  by  any  not  of  ability  to  answer 
the  damage  and  forfeit  aforesaid,  they  shall  be  [  ] 
whipped,  by  warrant  from  any  magistrate  before 
whom  the  offender  is  convicted,  in  the  town  or  plan- 
tation where  the  offence  was  committed,  not  exceeding 
twenty  stripes,  for  the  mere  rescue  or  pound  breach; 
and  for  all  damages  to  the  party  they  shall  satisfy  by 
service,  as  in  case  of  theft :  and  if  it  appear  there  were 
any  procurement  of  the  owners  of  the  cattle  there- 
unto (and  that  they  were  abettors,)  they  shall  all  pay 
forfeitures  and  damages  as  if  themselves  had  done  it. 


FIRST  CODE 

PROFANE  SWEARING. 

It  is  ordered  and  by  this  court  decreed,  that  if  any 
person  within  this  jurisdiction  shall  swear  rashly  and 
vainly,  either  by  the  holy  name  of  God,  or  any  other 
oath ;  [or]  shall  sinfully  and  wickedly  curse  any  ;  he 
shall  forfeit  to  the  common  treasure,  for  every  such 
several  offence,  ten  shillings :  and  it  shall  be  in  the 
power  of  any  magistrate,  by  warrant  to  the  constable, 
to  call  such  persons  before  him,  and  upon  just  proof 
to  pass  a  sentence,  and  levy  the  said  penalty  accord- 
ing to  the  usual  order  of  justice :  And  if  such  persons 
be  not  able,  or  shall  utterly  refuse  to  pay  the  afore- 
said fine,  he  shall  be  committed  to  the  stocks,  there 
to  continue  not  exceeding  three  hours  and  not  less 
than  one  hour.* 

RATES. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  every  inhabitant  shall  henceforth  contribute  to  all 
charges  both  in  church  and  commonwealth,  whereof 
he  doth  or  may  receive  benefit,  and  every  such  inhab- 
itant who  doth  not  voluntarily  contribute  proportion- 
ably  to  his  ability  with  the  rest  of  the  same  town  to  all 
common  charges,  both  civil  and  ecclesiastical,  shall  be 
compelled  thereunto  by  assessments  and  distress,  to 
be  levied  by  the  constable  or  other  officer  of  the  town 
as  in  other  cases ;  And  that  the  lands  and  estates  of 
all  men,  wherever  they  dwell,  shall  be  rated  for  all 
town  charges,  both  civil  and  ecclesiastical  as  aforesaid, 
where  the  lands  and  estates  shall  lie,  and  their  persons, 
where  they  dwell. 

For  a  more  equal  and  ready  way  of  raising  means 
for  defraying  of  public  charges  in  time  to  come,  and 
for  preventing  such  inconveniences  as  have  fallen  out 

*  Copied  from  Massachusetts  law  of  Nov.,  1C46.    (Eec.  ii.  178.) 


OF  CONNECTICUT. 

upon  former  assessments, — It  is  ordered  and  acted 
by  the  authority  of  this  court,  that  the  treasurer  for 
the  time  being  shall,  from  year  to  year,  in  the  first 
month,  without  expecting  any  other  order,  send  forth 
his  warrants  to  the  constables  of  every  town  within 
this  jurisdiction,  requiring  the  constable  to  call  together 
the  inhabitants  of  the  town,  who  being  so  assembled 
shall  choose  three  or  four  of  their  able  inhabitants, 
whereof  one  to  be  a  commissioner  for  the  town,  who 
shall,  some  time  or  times  in  the  sixth  month  then  next 
ensuing,  make  a  list  of  all  the  male  persons  in  the 
same  town  from  sixteen  years  old  and  upwards,  and 
a  true  estimation  of  all  personal  and  real  estates  being 
(or  reputed  to  be)  the  estate  of  all  and  every  the 
persons  in  the  same  town,  or  otherwise  under  their 
custody  or  managing,  according  to  just  valuation,  and 
to  what  persons  the  same  belong,  whether  in  their 
own  town  or  other  where,  so  near  as  they  can  by  all 
lawful  ways  and  means  which  they  may  use,  viz :  of 
houses,  lands  of  all  sorts,  as  well  unbroken  up  as  other 
(except  such  as  doth  or  shall  lie  common,  for  free  feed 
of  cattle,  to  the  use  of  the  inhabitants  in  general, 
whether  belonging  to  the  towns  or  particular  persons, 
but  not  to  be  kept  or  herded  upon  it  to  the  damage 
of  the  proprietors),  mills,  ships  and  all  small  vessels, 
merchantable  goods,  cranes,  wharves,  and  all  sorts  of 
cattle,  and  all  other  known  estate  whatsoever,  as  also 
all  visible  estate  either  at  sea  or  on  shore ;  all  which 
persons  and  estates  are  by  the  said  commissioners 
and  selectmen  to  be  assessed  and  rated  as  here  fol- 
loweth,  viz :  Every  person  aforesaid  (except  magis- 
trates and  elders  of  churches),  two  shillings  six  pence 
by  the  head,  and  all  estates  both  real  and  personal,  at 
one  penny  for  every  twenty  shillings,  according  to  the 


120  FIRST  CODE 

rates  of  cattle  hereafter  mentioned.  And  for  a  more 
certain  rule  in  rating  of  cattle,  every  cow  of  four  year 
old  and  upward  shall  be  valued  at  five  pounds ;  every 
heifer  and  steer,  between  three  and  four  year  old,  four 
pounds,  and  between  two  and  three  year  old,  fifty 
shillings,  and  between  one  and  two  year  old,  thirty 
shillings ;  every  ox  and  bull  of  four  year  old  and 
upwards,  six  pounds ;  every  horse  and  mare  of  four 
year  old  and  upwards,  twelve  pounds ;  of  three  year 
old,  eight  pounds ;  between  two  and  three  years  old, 
five  pounds ;  of  one  year  old,  three  pounds ;  every 
sheep  of  one  year  old,  thirty  shillings ;  every  goat 
above  one  year  old,  eight  shillings ;  every  swine  above 
one  year  old,  twenty  shillings;  and  all  cattle  of  all 
sorts  under  a  year  old,  are  hereby  exempted,  as  also 
all  hay  and  corn  in  the  husbandman's  hand,  because 
all  meadow,  earable  ground  and  cattle  are  rateable  as 
aforesaid.  And  for  all  such  persons  as  by  the  advan- 
tage of  their  arts  and  trades  are  more  able  to  help 
bear  the  public  charge  then  e'ommon  laborers  and 
workmen,  as  butchers,  bakers,  brewers,  victualers, 
smiths,  carpenters,  tailors,  shoemakers,  joiners,  bar- 
bers, millers,  and  masons,  with  all  other  manual  persons 
and  artists,  such  are  to  be  rated  for  their  returns  and 
gains  proportionably  unto  other  men  for  the  produce 
of  their  estates.  Provided  that  in  the  rate  by  the 
poll,  such  persons  as  are  disabled  by  sickness,  lameness 
or  other  infirmities  shall  be  exempted ;  and  for  such 
servants  and  children  as  take  not  wages,  their  parents 
and  masters  shall  pay  for  them,  but  such  as  take 
wages  shall  pay  for  themselves. 

And  it  is  further  ordered,  that  the  commissioners 
for  the  several  towns  upon  this  River  shall  yearly 
meet  upon  the  third  Thursday  in  the  sixth  month  at 


OF  CONNECTICUT.  121 

Hartford,  and  the  commissioners  for  the  towns  of 
Fairefeild  and  Stratford  shall  meet  the  same  day  in 
one  of  those  towns,  (and  two  days  before  the  General 
Court  in  September  they  shall  meet  the  commissioners 
upon  the  River,  in  Hartford,*)  and  bring  with  them, 
fairly  written,  the  just  number  of  males  listed  as 
aforesaid,  and  the  assessment  of  estates  made  in  their 
several  towns  according  to  the  rules  and  directions  in 
this  present  order  expressed ;  And  the  said  commis- 
sioners being  so  assembled  shall  duly  and  carefully 
examine  all  the  said  lists  and  assessments  of  the  several 
towns,  and  shall  correct  and  perfect  the  same,  accord- 
ing to  the  true  intent  of  this  order,  and  the  same  BO 
perfected  they  shall  transmit  under  their  hands  to  the 
General  Court,  the  second  Thursday  in  September, 
and  then,  directions  shall  be  given  to  the  treasurer  for 
gathering  of  the  said  rate,  and  every  one  shall  pay 
their  rate  to  the  constable  of  the  town  where  it  shall 
be  assessed ;  nor  shall  any  land  or  estate  be  rated  in 
any  other  town  but  where  the  same  shall  lie,  is  or  was 
improved  to  the  owner's,  reputed  owner's,  or  other 
proprietor's  use  or  behoof,  if  it  be  within  this  juris- 
diction. And  for  all  peculiars,  viz :  such  places  as  are 
not  yet  laid  within  the  bounds  of  any  town,  the  same 
lands,  with  the  persons  and  estates  thereupon,  shall  be 
assessed  by  the  rates  of  the  town  next  unto  it ;  the 
measure  or  estimation  shall  be  by  the  distance  of  the 
meeting  houses. 

And  if  any  of  the  said  commissioners  or  of  the 
select  men  shall  willingly  fail  or  neglect  to  perform 
the  trust  committed  to  them  by  this  order,  in  not 
making,  correcting,  perfecting,  or  transmitting  any 

*  The  clause  in  parenthesis  is  interlined. 
6 


122  FIRST  CODE 

of  the  said  lists  or  assessments,  according  to  the  in- 
tent of  this  order,  every  such  offender  shall  be  fined 
forty  shillings  for  every  such  offence,  or  so  much  as 
the  country  shall  be  damnified  thereby,  so  as  it  exceeds 
not  forty  shillings  for  one  offence ;  provided  that  such 
offence  or  offences  be  complained  of  and  prosecuted, 
in  due  course  of  law,  within  six  months. 

And  it  is  further  ordered,  that  upon  all  distresses 
to  be  taken  for  any  of  the  rates  and  assessments 
aforesaid,  the  officer  shall  distrain  goods  or  cattle,  if 
they  may  be  had  ;  and  if  110  goods,  then  lands  or 
houses ;  if  neither  goods  nor  lands  can  be  had  within 
the  town  where  such  distresses  are  to  be  taken,  then 
upon  such  returns  to  the  treasurer  he  shall  give  war- 
rants to  attach  the  body  of  such  persons,  to  be  carried 
to  prison,  there  to  be  kept  till  the  next  court,  except 
they  put  in  security  for  their  appearance  there,  or  that 
payment  be  made  in  the  mean  time. 

And  it  is  further  ordered,  that  the  prices  of  all  sorts 
of  corn  to  be  received  upon  any  rate  by  virtue  of  this 
order,  shall  be  such  as  the  court  shall  set  from  year  to 
year,  and  in  default  thereof  they  shall  be  accepted  at 
the  price  current,  to  be  judged  by  the  said  commis- 
sioners. 

And  it  is  further  ordered,  that  all  estates  of  land  in 
England  shall  not  be  rated  in  a  public  assessment. 

It  is  also  provided  and  ordered,  that  all  town  rates 
shall  be  made  after  the  same  manner  and  by  the  same 
rule  as  the  country  rate. 

"Whereas  much  wrong  hath  been  done  to  the  coun- 
try by  the  negligence  of  constables,  in  not  gathering 
such  levies  as  they  have  received  warrants  from  the 
treasurer,  during  their  office  : — It  is  therefore  ordered, 
that  if  any  constable  shall  not  have  gathered  the  levies 


OF  CONNECTICUT.  123 

committed  to  his  charge  by  the  treasurer  then  being, 
during  the  time  of  his  office,  that  he  shall,  notwith- 
standing the  expiration  of  his  office,  have  power  to  levy 
by  distress  all  such  rates  and  levies ;  and  if  he  bring 
them  .not  in  to  the  old  treasurer,  according  to  his 
warrants,  the  treasurer  shall  distrain  such  constable's 
goods  for  the  same;  and  if  the  treasurer  shall  not  so 
distrain  the  constable,  he  shall  be  answerable  to  the 
country  for  the  same.  And  if  the  constable  be  not 
able  to  make  payment,  it  shall  be  lawful  for  the  treas- 
urer, old  or  new  respectively,  to  distrain  any  man  or 
men  of  that  town  where  the  constables  are  unable, 
for  all  arrearages  of  levies;  and  that  man  or  men, 
Tipon  petition  to  the  General  Court,  shall  have  order 
to  collect  the  same  again,  equally,  of  the  town,  with 
his  just  damages  for  the  same. 

It  is  further  ordered  by  this  court,  that  all  collectors 
and  gatherers  of  rates  shall  appoint  a  day  and  place 
and  give  reasonable  warning  to  the  inhabitants  to 
bring  in  their  proportions,  upon  which  every  man  so 
warned  shall  duly  attend  to  bring  in  his  rate,  or  upon 
neglect  thereof  shall  forfeit  two  pence  in  the  shilling 
for  what  he  falls  short ;  and  the  said  collector  shall 
have  authority  hereby  to  distrain  the  delinquents,  or 
be  accountable  themselves  for  the  rates  and  penalties 
BO  neglected  by  them. 

RECORDS. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  the  town  clerk  or  register,  in  the  several  towns  of 
this  jurisdiction,  shall  record  all  births  and  deaths  of 
persons  in  their  town :  And  that  all  parents,  masters 
of  servants,  executors  and  administrators,  respectively, 
shall  bring  in  to  the  register  of  their  several  towns, 


FIRST  CODE 

the  names  of  such  persons  belonging  to  them  or  any 
of  them,  as  shall  either  be  born  or  die  ;  and  also  that 
every  new  married  man  shall  likewise  bring  in  a  cer- 
tificate of  his  marriage,  under  the  hand  of  the  magis- 
trate which  married  him,  to  the  said  register ;  And 
for  each  neglect  the  person  to  whom  it  doth  belong 
shall  forfeit  as  followeth,  viz :  If  any  person  shall 
neglect  to  bring  in  a  note  or  certificate  as  aforesaid, 
together  with  three  pence  a  name,  to  the  said  regis- 
ters, for  all  births  and  deaths,  and  six  pence  for  each 
marriage,  to  be  recorded,  more  than  one  month  after 
such  birth,  death,  or  marriage,  shall  forfeit  for  every 
default  five  shillings,  and  the  penalty  further  increased 
upon  longer  neglect,  according  to  the  judgment  of  the 
court.  And  the  register  of  each  town  shall  yearly 
convey  to  the  secretary  of  the  court  a  true  transcript 
of  the  births,  deaths,  and  marriages,  given  under  their 
hands,  with  a  third  part  of  the  aforementioned  fees, 
under  the  penalty  of  forty  shillings  for  every  such 
neglect,  all  which  forfeits  shall  be  returned  in  to  the 
treasury ;  Also  the  grand  jurors  may  present  all 
neglects  of  this  order. 

It  is  ordered  by  the  authority  aforesaid,  that  the 
several  towns  within  this  jurisdiction  shall  each  of 
them  provide  a  ledger  book,  with  an  index  or  alpha- 
bet unto  the  same ;  also  shall  choose  one  who  shall 
be  a  town  clerk  or  register,  who  shall,  before  the  Gen- 
eral Court  in  September  next,  record  every  man's 
house  and  lands  already  granted  and  measured  out  to 
him,  with  the  bounds  and  quantity  of  the  same.  And 
whosoever  shall  neglect  three  months  after  notice 
given,  to  bring  in  to  the  said  town  clerk  or  register  a 
note  of  his  house  and  land,  with  the  bounds  and  quan- 
tity of  the  same  by  the  nearest  estimation,  shall 


OF  CONNECTICUT.  125 

forfeit  ten  shillings ;  and  so  ten  shillings  a  month  for 
every  month  he  shall  so  neglect ;  the  like  to  be  done 
for  all  lands  hereafter  granted  and  measured  to  any. 
And  if  any  such  grantor,  being  required  by  the  gran- 
tee, his  heirs  or  assigns,  to  make  an  acknowledgment 
of  any  grant,  sale,  bargain,  or  mortgage  by  him  made, 
shall  refuse  so  to  do,  it  shall  be  in  the  power  of  any 
magistrate  to  send  for  the  party  so  refusing  and  com- 
mit him  to  prison  without  bail  or  mainprise,  until  he 
shall  acknowledge  the  same  :  And  the  grantee  is  to 
enter  his  caution  with  the  recorder,  and  shall  save 
his  interest  in  the  meantime.  And  all  bargains  or 
mortgages  of  lands  whatsoever  shall  be  accounted  of 
no  value  until  they  be  recorded,  for  which  entry  the 
register  shall  receive  six  pence  for  every  parcel,  deliv- 
ering every  owner  a  copy  of  the  same  under  his  hand, 
whereof  four  pence  shall  be  for  himself,  and  two  pence 
for  the  secretary  of  the  court.  And  the  said  register 
shall,  every  general  court  in  May  and  September,  de- 
liver into  the  same  a  transcript  fairly  written  of  all 
such  grants,  bargains,  or  engagements  recorded  by  him 
in  the  town  book ;  and  the  secretary  of  the  court 
shall  record  it  in  a  book  fairly  written,  provided  for 
that  purpose,  and  shall  preserve  the  copy  brought  in 
under  the  hand  of  the  town  clerk.  Also  the  said  town 
clerk  shall  have  for  every  search  of  a  parcel,  one 
penny,  and  for  every  copy  of  a  parcel,  two  pence ;  and 
a  copy  of  the  same  under  the  hand  of  the  said  regis- 
ter or  town  clerk  and  two  of  the  men  chosen  to  govern 
the  town,  shall  be  a  sufficient  evidence  to  all  that  have 
the  same.* 

For  the  better   keeping  in  mind  those  passages  of 
God's  Providence  which  have  been  remarkable  since 

*  Oct.  10th,  1639.    Col.  Rec.,  i.  37. 


126  FIRST  CODE 

our  first  undertaking  of  these  plantations,  Mr.  Deputy, 
Capt.  Mason,  Mr.  Stone,  with  Mr.  Goodwin,  are  de- 
sired to  take  the  pains  severally  in  their  several  towns, 
and  then  jointly  together,  to  gather  up  the  same  and 
deliver  them  into  the  general  court  in  September  next, 
and  if  it  be  judged  then  fit,  they  may  be  recorded,  and 
for  future  times,  whatsoever  remarkable  passages 
shall  be,  and  if  they  be  public,  the  said  parties  are 
desired  to  deliver  in  the  same  to  the  general  court : 
But  if  any  particular  person  do  bring  in  anything,  he 
shall  bring  it  under  the  hands  of  two  of  the  aforemen- 
tioned parties,  that  it  is  true,  then  present  it  to  the 
general  court,  that  if  it  be  there  judged  requisite  it  may 
be  recorded :  -provided  that  any  general  court  for  the 
future  may  alter  any  of  the  parties  before  mentioned 
or  add  to  them,  as  they  shall  judge  meet.* 

It  is  also  ordered  by  this  court  and  decreed,  that  after 
the  death  and  decease  of  any  person  possessed  of  any 
estate,  be  it  more  or  less,  and  who  maketh  a  will  in 
writing  or  by  word  of  mouth,  those  men  which  are  ap- 
pointed to  order  the  affairs  of  the  town  where  any  such 
person  deceaseth,  shall  within  one  month  after  the  same 
at  furthest,  cause  a  true  inventory  to  be  taken  of 
the  said  estate  in  writing ;  as  also  take  a  copy  of  the 
said  will  or  testament  and  enter  it  into  a  book  or  keep 
the  copy  in  safe  custody  ;  as  also  enter  the  names  up- 
on record  of  the  children  and  legatees  of  the  testator 
or  deceased  person.  And  the  said  orderers  of  the  affairs 
of  the  town  are  to  see  every  such  will  and  inventory 
to  be  exhibited  into  the  public  court,  within  one  quar- 
ter of  a  year,  where  the  same  is  to  be  registered.  And 
the  said  orderers  of  the  affairs  of  the  town  shall  do  their 


*  Oct.  10th,  1639.     Col.  Rec.,  i.  39,  40. 


OF  CONNECTICUT.  127 

endeavors  in  seeing  that  the  estate  of  the  testator  be 
not  wasted  nor  spoiled,  but  improved  for  the  best  ad- 
vantage of  the  children  or  legatees  of  the  testator, 
according  to  the  mind  of  the  testator,  for  their  and 
every  of  their  use,  and  by  their  and  every  of  their  al- 
lowance and  approbation.  But  when  any  person  dieth 
intestate,  the  said  orderers  of  the  affairs  of  the  town 
shall  cause  an  inventory  to  be  taken,  and  then  the  pub- 
lic court  may  grant  the  administration  of  the  goods 
and  chattels  to  the  next  of  kin,  jointly  or  severally, 
and  divide  the  estate  to  wife  (if  any  be),  children  or 
kindred,  as  in  equity  they  shall  see  meet.  And  if 
no  kindred  be  found,  the  court  to  administer  for  the 
public  good  of  the  common  :  provided  there  be  an  in- 
ventory registered,  that  if  any  of  the  kindred  in  future 
time  appear,  they  may  have  justice  and  equity  done 
unto  them.  And  all  charges  that  the  public  court  or 
the  orderers  of  the  affairs  of  the  town  are  at,  about  the 
trust  committed  to  them,  either  for  writing  or  other- 
wise, is  to  be  paid  out  of  the  estate.* 

Whereas  also,  It  was  recommended  by  the  Commis- 
sioners, that  for  the  more  free  and  speedy  passage  of 
justice  in  each  jurisdiction,  to  all  the  confederates,  if 
the  last  will  and  testament  of  any  person  be  duly 
proved  in,  and  duly  certified  from  any  one  of  the  col- 
onies, it  be  without  delay  accepted  and  allowed  in  the 
rest  of  the  colonies,  unless  some  just  exception  be 
made  against  such  will  or  the  proving  of  it,  which  ex- 
ception to  be  forthwith  duly  certified  back  to  the  col- 
ony where  the  said  will  was  proved,  that  some  just 
course  may  be  taken  to  gather  in  and  dispose  the 
estate  without  delay  or  damage.  And  also  that  if  any 

*  Oct.  10th,  1C39.     Col.  Eec.,  i.  38,  39. 


128  FIRST  CODE 

known  planters  or  settled  inhabitants  die  intestate, 
administration  be  granted  by  that  colony  unto  which 
the  deceased  belong,  though  dying  in  another  colony. 
And  the  administration  being  duly  certified,  to  be  of 
force  for  the  gathering  in  of  the  estate  in  the  rest  of 
the  colonies,  as  in  the  case  of  wills  proved,  where  no 
just  exception  is  returned.  But  if  any  person  pos- 
sessed of  an  estate,  who  is  neither  planter  nor  settled 
inhabitant  in  any  of  the  colonies,  die  intestate,  the 
administration  (if  just  cause  be  found  to  give  adminis- 
tration,) be  granted  by  that  colony  where  the  person 
shall  die  and  depart  this  life,  and  that  care  be  taken  by 
that  government  to  gather  in  and  secure  the  estate, 
until  it  be  demanded  and  may  be  delivered  according 
to  rules  of  justice : — Which  upon  due  consideration 
was  confirmed  by  this  court,  and  in  behalf  of  this  col- 
ony, and  ordered  to  be  attended  in  all  such  occasions 
for  the  future :  provided  the  general  courts  of  the 
other  colonies  yield  the  like  assent  thereunto.* 

SCHOOLS. 

It  being  one  chief  project  of  that  old  deluder  Satan, 
to  keep  men  from  the  knowledge  of  the  Scriptures,  as 
in  former  times  [by]  keeping  them  in  an  unknown 
tongue,  so  in  these  latter  times  by  persuading  them 
from  the  use  of  tongues,  so  that  at  least  the  true  sense 
and  meaning  of  the  original  might  be  clouded  with 
false  glosses  of  saint-seeming  deceivers  ;  and  that  learn- 
ing may  not  be  buried  in  the  grave  of  our  forefathers 
in  church  and  commonwealth,  the  Lord  assisting  our 
endeavors, — It  is  therefore  ordered  by  this  court  and 

*  Recommended  by  Commissioners  of  the  U.  Colonies,  Sept. 
1648,  and  confirmed  by  the  General  Court,  Mar.  14th,  1648-9. 


OF  CONNECTICUT.  129 

authority  thereof,  that  every  township  within  this  ju- 
risdiction, after  the  Lord  hath  increased  them  to  the 
number  of  fifty  householders,  shall  then  forthwith 
appoint  one  within  their  town  to  teach  all  such  chil- 
dren as  shall  resort  to  him,  to  write  and  read,  whose 
wages  shall  be  paid  either  by  the  parents  or  masters  of 
such  children,  or  by  the  inhabitants  in  general,  by  way 
of  supply,  as  the  major  part  of  those  who  order  the 
prudentials  of  the  town  shall  appoint ;  provided  that 
those  who  send  their  children  be  not  oppressed  by  [pay- 
ing] more  then  they  can  have  them  taught  for  in  other 
towns.  And  it  is  further  ordered,  that  where  any 
town  shall  increase  to  the  number  of  one  hundred  fam- 
ilies or  householders,  they  shall  set  up  a  grammar 
school,  the  masters  thereof  being  able  to  instruct 
youths  so  far  as  they  may  be  fitted  for  the  University. 
And  if  any  town  neglect  the  performance  hereof  above 
one  year,  then  every  such  town  shall  pay  five  pounds 
per  annum,  to  the  next  such  school,  till  they  shall  per- 
form this  order.* 

The  proposition  concerning  the  maintenance  of 
scholars  at  Cambridge,  made  by  the  Commissioners, 
is  confirmed.  And  it  is  ordered,  that  two  men  shall 
be  appointed  in  every  town,  within  this  jurisdiction, 
who  shall  demand  what  every  family  will  give,  and 
the  same  to  be  gathered  and  brought  into  some  room, 
in  March,  and  this  to  continue  yearly  as  it  shall  be  con- 
sidered by  the  Coinmissioners.f 


*  From  Massachusetts  order  of  Nov.  1647.  (Mass.  Rec.,  ii.  203.) 
+  Confirmed  by  the  general  court,  Oct.  25th,  1644.  Col.  Rcc.,  i.  112. 
This  "  proposition  of  a  general  contribution  for  (he  maintenance 
of  poor  scholars  at  the  college  at  Cambridge,"  was  presented  to  the 
commissioners  of  the  N.  E.  Colonies,  at  their  meeting  in  September, 
1644,  by  the  Rev.  Thomas  Shepard,— "and  fully  approved  by  them, 

6* 


130  FIRST  CODE 

SECRETARY. 

It  is  ordered  and  decreed,  that  within  twenty  days 
after  the  session  of  every  general  court,  the  secretary 
thereof  shall  send  forth  copies  of  such  laws  and  orders 
as  are  or  shall  be  made  at  either  of  them,  which  are 
of  general  concernment  for  the  government  of  this 
commonwealth,  to  the  constables  of  each  town  within 
this  jurisdiction,  for  them  to  publish  within  fourteen 
days  more,  at  some  public  meeting  in  their  several 
towns,  and  cause  to  be  written  into  a  book  and  kept 
for  the  use  of  the  town.  And  once  every  year  the 
constables  in  each  town  shall  read  or  cause  to  be  read  in 
some  public  meeting  all  the  capital  laws,  and  give  no- 
tice to  all  the  inhabitants  where  they  may  at  any  time 
see  the  rest  of  the  laws  and  orders  and  acquaint  them- 
selves therewith  :  And  the  secretary  of  the  court  shall 
have  twelve  pence  for  the  copy  of  the  orders  of  each 
session  aforesaid,  from  each  of  the  towns.* 

and  agreed  to  be  commended  to  the  several  general  courts  as  a  matter 
worthy  of  due  consideration  and  entertainment  for  the  advancement 
of  learning,  which  we  hope  will  be 'cheerfully  embraced."  Mr.  Shep- 
ard,  after  requesting  the  commissioners  to  consider  "some  way  of 
comfortable  maintenance  for  that  school  of  the  prophets  which  now 
is,"  suggests  that  "  If  therefore  it  were  commended  by  you,  and 
left  to  the  freedom  of  every  family  which  is  able  and  willing  to  give, 
throughout  the  plantations,  to  give  yearly  but  the  fourth  part  of  a 
bushel  of  corn  or  something  equivalent  thereunto, — and  for  this 
end,  if  every  minister  were  desired  to  stir  up  the  hearts  of  the  peo- 
ple once  in  the  fittest  season  of  the  year,  to  be  freely  enlarged 
therein,  and  one  or  two  faithful  men  appointed  in  each  town,  to  re- 
ceive and  seasonably  to  send  in  what  shall  be  thus  given  by  them, — 
it  is  conceived  that  as  no  man  could  feel  any  grievance  hereby,  so 
it  would  be  a  blessed  means  of  comfortable  provision  for  the  diet  of 
divers  such  students  as  may  stand  in  need  of  some  support,  and  be 
thought  meet  and  worthy  to  be  continued  a  fit  season  therein." 
Eecords  of  U.  Colonies,  Sept.,  1644. 

*  Altered  from  an  order  made,  Oct.  1639.    (Col.  Kec.,  i.  39.^ 


OF  CONNECTICUT.  131 

And  it  is  f  urtlier  ordered  that  the  secretary  of  the 
court  shall  record  such  wills  and  inventories  as  are 
exhibited  into  the  said  court,  and  shall  file  the  orig- 
inal of  them,  and  give  a  copy  thereof  to  such  as 
desire  it,  for  which  he  shall  have  for  every  record  of 
any  will  or  inventory,  or  both,  which  is  above  the  sum 
of  forty  pounds,  three  shillings  four  pence ;  and  for 
every  copy  of  them  6r  either  of  them,  one  shilling 
eight  pence ;  and  for  every  search  or  supervising  of 
them,  six  pence :  also  for  recording  of  every  will  or 
inventory,  or  both,  which  is  above  the  sum  of  thirty 
pounds  and  under  the  sum  of  forty  pounds,  two  shil- 
lings six  pence;  and  for  every  copy  of  them,  or  either 
of  them,  fifteen  pence;  and  for  every  search  or  super- 
vising of  them,  four  pence :  Also  for  every  attachment, 
twelve  pence,  and  for  every  bond  or  recognizance  in 
or  about  the  same,  six  pence :  Also  for  every  execution 
above  five  pounds,  the  secretary  shall  have  twelve 
pence,  and  for  every  execution  under  five  pounds,  six 
pence :  Also  for  the  entry  of  every  or  any  recogni- 
zance in  court,  six  pence,  and  for  the  withdrawing  of 
it,  twelve  pence,  which  shall  be  paid  before  the  bounden 
be  freed  from  his  said  recognizance. 

It  is  also  ordered,  that  whosoever  shall  take  out  any 
warrant  from  the  secretary  of  the  court,  that  concerns 
an  action,  shall,  before  he  hath  a  warrant,  enter  his 
action  with  the  secretary,  and  then  take  out  his  war- 
rant for  summons  to  answer  the  same ;  for  which  they 
shall  pay  for  every  entry  twelve  pence,  and  for  every 
warrant,  four  pence,  though  they  agree  with  their 
defendants  before  the  court.  Also  if  any  other  mag- 
istrate shall  grant  a  warrant  which  concerns  an  action, 
they  shall  enter  the  action  in  a  small  book  for  that 
purpose,  before  they  grant  the  warrant,  and  shall 


132  FIRST  CODE 

make  a  due  return  at  every  court  to  the  secretary 
thereof,  what  such  warrants  and  to  whom  they  have 
granted ;  and  all  such  persons  shall  be  as  liable  to  pay 
twelve  pence  for  every  such  action  to  the  secretary  of 
the  court  as  if  they  should  have  had  their  warrants 
of  him. 

STRAYS. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  whosoever  shall  take  up  any  stray  beast  or  find 
any  goods  lost,  whereof  the  owner  is  not  known,  he 
shall  give  notice  thereof  to  the  constable  of  the  same 
town,  within  six  days,  who  shall  enter  the  same  in  a 
book,  and  take  order  that  it  be  cryed  at  their  next 
lecture  day  or  general  meeting,  upon  three  several 
days,  and  if  it  be  above  twenty  shillings  value,  at  the 
next  market,  or  two  next  towns'  public  meetings,  where 
no  market  is  within  ten  miles,  upon  pain  that  the 
party  so  finding  and  the  said  constable  having  such 
notice  and  failing  to  do  as  is  here  appointed,  to  for- 
feit, either  of  them,  for  such  default  one  third  part 
of  the  value  of  such  stray  or  lost  goods. 

And  if  the  finder  shall  not  give  notice  as  aforesaid, 
within  one  month,  or  if  he  keep  it  more  than  three 
months,  and  shall  not  apprize  it  by  sufficient  men  and 
also  record  it  with  the  register  of  the  town  where  it 
is  found,  he  shall  then  forfeit  the  full  value  thereof. 
And  if  the  owner  appear  within  one  year  after  such 
publication  he  shall  have  restitution  of  the  same  or 
the  value  thereof,  he  paying  all  necessary  charges,  and 
to  the  constable  for  his  care  and  pains,  as  one  of  the 
next  magistrates  or  one  of  the  townsmen  shall  adjudge ; 
and  if  no  owner  appear  within  the  time  prefixed,  the 
said  stray  or  lost  goods  shall  be  thus  divided,  one 
fourth  part  thereof  with  his  reasonable  charge  shall 


OF  CONNECTICUT.  133 

be  to  the  finder,  one  fifth  part  thereof  or  ten  shillings 
to  the  constable,  at  the  choice  of  the  court,  and  the 
rest  to  the  commonwealth ;  provided  there  be  three 
streaks  clipped  in  the  hair  of  the  near  buttock,  six 
inches  long,  that  they  may  be  known. 

SWINE. 

It  is  ordered  by  this  court,  that  all  the  swine,  either 
hogs  or  shoats,  in  the  several  plantations,  that  are  kept 
at  home  within  the  town,  shall  by  September  next 
be  ringed  or  yoked,  or  kept  up  in  their  yards,  under 
the  penalty  of  four  pence  for  every  such  swine,  to  be 
paid  by  the  owner  to  the  party  that  shall  take  the 
swine  so  defective  and  impound  them ;  also  all  such  as 
are  kept  by  herds  in  the  woods,  shall  not  be  suffered 
to  abide  above  one  night  in  the  town,  but  that  it  shall 
be  lawful  to  impound  them,  in  case  they  come  at  any 
time  home  from  the  middle  of  March  to  the  middle 
of  November.  Fairfield  and  Stratford  desire  to  be 
included  in  this  order.* 

For  the  better  preserving  corn  and  meadow  on  the 
east  side  of  the  Great  River,  It  is  ordered  by  this 
court,  that  there  shall  no  hogs  nor  swine  of  any  sort 
be  put  over  thither  or  kept  there  at  any  time,  after 
the  publishing  of  this  order,  except  they  be  kept 
out  of  the  bounds  of  the  several  towns,  or  in  their 
yards,  under  the  penalty  of  two  shillings  a  head  for 
every  hog  or  swine,  for  every  time  they  shall  be  found 
there  contrary  to  this  order. 

TIMBER. 

It  is  ordered  by  this  court,  that  no  timber  shall  be 
felled  within  three  miles  of  the  mouth  of  Mattabeseck 

*  Ordered,  Sept.  1645.  (Col.  Rec.,  i.  131.) 


134:  FIRST  CODE 

River,  nor  at  unseasonable  times,  viz:  from  the  begin- 
ning of  April  to  the  end  of  September,  and  that  it 
be  improved  into  pipestaves  or  some  other  merchant- 
able commodity,  within  one  month  after  the  felling 
thereof,  or  carted  together:  and  that  the  timber  so 
improved  shall  not  be  transported  from  the  River  but 
for  discharge  of  debts  or  fetching  in  some  necessary 
provision.* 

TOBACCO. 

Forasmuch  as  it  is  observed  that  many  abuses  are 
crept  in  and  committed  by  frequent  taking  of  tobacco, 
It  is  ordered  by  the  authority  of  this  court,  that  no 
person  under  the  age  of  twenty  years,  nor  any  other 
that  hath  not  already  accustomed  himself  to  the  use 
thereof,  shall  take  any  tobacco,  until  he  hath  brought 
a  certificate  under  the  hands  of  some  who  are  approv- 
ed for  knowledge  and  skill  in  physic,  that  it  is  useful 
for  him,  and  also  that  he  hath  received  a  license  from 
the  court  for  the  same.  And  for  the  regulating  of 
those  who  either  by  their  former  taking  it  have  to 
their  own  apprehensions  made  it  necessary  to  them, 
or  upon  due  advice  are  persuaded  to  the  use  thereof, 
It  is  ordered,  that  no  man  within  this  colony,  after  the 
publication  hereof,  shall 'take  any  tobacco  publicly  in 
the  street,  highways,  or  any  barn  yards,  or  upon  train- 
ing days  in  any  open  places,  under  the  penalty  of 
six  pence  for  each  offence  against  this  order  in  any 
the  particulars  thereof,  to  be  paid  without  gainsaying, 
upon  conviction  by  the  testimony  of  one  witness  that 
is  without  just  exception,  before  any  one  magistrate. 
And  the  constables  in  the  several  towns  are  required 
to  make  presentment  to  each  particular  court  of  such 

*  Ordered,  Sept.  1641.    (Col.  Eec.,  i.  67.) 


OF  CONNECTICUT.  135 

as  they  do  understand  and  evict  to  be  transgressors  of 
this  order.* 

TRESPASSES. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  if  any  horse,  or  other  beast,  trespass  in  corn  or 
other  inclosure,  being  fenced  in  such  sort  as  secures 
against  cows,  oxen,  small  calves,  and  such  like  orderly 
cattle,  the  party  or  parties  trespassed  shall  procure 
two  able  men  of  good  report  and  credit  to  view  and 
adjudge  the  harms,  which  the  owner  of  the  beast  .shall 
satisfy  (when  known)  upon  reasonable  demand,  whether 
the  beast  were  impounded  or  not ;  but  if  the  owner 
be  known  and  near  residing,  as  in  the  same  town  or 
the  like,  notice  shall  be  left  at  the  usual  place  of  his 
abode,  of  the  trespass,  before  an  estimation  be  made 
thereof,  to  the  end  he,  or  any  others  appointed  by  him, 
may  be  present  when  the  judgment  is  made ;  the  like 
notice  also  shall  be  left  for  him  of  the  damage  charged 
upon  him,  that  if  he  approve  not  thereof  he  may 
repair  to  the  select  townsmen,  or  some  of  them,  who 
shall  in  such  case  nominate  and  appoint  two  able  and 
indifferent  men,  to  review  and  adjudge  the  said  harms, 
which  being  discharged,  together  with  the  charge  of 
the  notice,  former  and  latter  view,  and  determination 
of  damages,  the  first  judgment  to  be  void,  or  else  to 
stand  in  law. 

TREASURER. 

It  is  ordered,  that  the  treasurer  shall  deliver  no 
money  out  of  his  hands  to  any  person,  without  the 
hands  of  two  magistrates,  if  the  sum  be  above  twenty 

*  Enacted  May,  1047.  (Col.  Rec.,  i.  153.)  A  law  against  the  pub- 
lic use  of  tobacco  was  passed  by  Massachusetts  the  year  previous. 
To  "take"'  tobacco  meant,  at  this  period,  to  smoke  it.  The  viler 
habit  of  chewing  was  not  yet  introduced. 


136  FIRST  CODE 

shillings ;  if  it  be  under,  then  the  treasurer  is  to  ac- 
cept of  the  hand  of  one ;  but  if  it  be  for  the  payment 
of  some  bills  to  be  allowed,  which  are  referred  to  some 
committees  to  consider  of,  whether  allowed  or  not, 
that  such  bills  as  they  allow  and  set  their  hands  unto, 
the  treasurer  shall  accept  and  give  satisfaction. 

VOTES. 

It  is  ordered  by  this  court  and  decreed,  that  if  any 
person  within  these  liberties  have  been  or  shall  be 
fined  or  whipped  for  any  scandalous  offence,  he  shall 
not  be  admitted  after  such  time  to  have  any  vote  in 
town  or  commonwealth,  nor  to  serve  on  the  jury,  until 
the  court  shall  manifest  their  satisfaction. 

VEKDICTS. 

That  love  and  peace,  with  truth  and  righteousness 
may  continue  and  flourish  in  these  conf  oederated  colo- 
nies, It  was,  upon  the  recommendation  of  the  Commis- 
sioners, ordered,  that  any  verdict  or  sentence  of  any 
court  within  the  colonies,  presented  under  authentic 
testimony,  shall  have  a  due  respect  in  the  several 
courts  of  this  jurisdiction,  where  there  may  be  occasion 
to  make  use  thereof,  and  shall  be  accounted  good  evi- 
dence for  the  party,  until  better  evidence  or  other  just 
cause  appear  to  alter  or  make  the  same  void  :  and  that 
in  such  case,  the  issuing  of  the  cause  in  question  be 
respited  for  some  convenient  time,  that  the  court  may 
be  advised  with  where  the  verdict  or  sentence  first 
passed.  Provided  notwithstanding,  that  this  order 
shall  be  accounted  valid  and  improved  only  for  the  ad- 
vantage of  such  as  live  within  some  of  the  conf  oederated 
colonies,  and  where  the  verdicts  in  the  courts  of  this 
colony  may  receive  reciprocal  respect  by  a  like  order 


OF  CONNECTICUT.  137 

established  by  the  General  Court  cf  that  colony.* 

WINE  AND  STRONG  WATER. 

"Whereas  many  complaints  are  brought  into  the  court, 
by  reason  of  divers  abuses  that  fall  out  by  several 
persons  that  sell  wine  and  strong  water,  as  well  in 
vessels  on  the  river  as  also  in  several  houses  ;  for  the 
preventing  hereof,  It  is  now  ordered  by  the  authority 
of  this  court,  that  no  person  or  persons,  after  the  pub- 
lishing of  this  order,  shall  neither  sell  wine  nor  strong 
water  by  retail,  in  any  place  within  these  liberties, 
without  license  from  the  particular  court  or  any  two 
magistrates^  or  where  there  is  but  one  magistrate,  by 
a  magistrate  and  one  of  those  appointed  to  order  the 
affairs  of  the  town. 

WATCHES. 

It  is  ordered  by  this  court  and  decreed,  that  there 
shall  be  a  sufficient  watch  maintained  in  every  town, 
and  that  the  constable  of  each  town  shall  duly  warn 
the  same  and  see  that  the  inhabitants  or  residents  do 
severally  in  their  turns  observe  the  same,  according 
as  the  inhabitants  do  agree.:}:  And  this  court  doth  ex- 
plain themselves  and  order  that  whosoever  within  this 
jurisdiction,  that  is  liable  to  watch,  shall  take  a  jour- 
ney out  of  the  town  wherein  he  liveth  after  he  hath 
had  timely  notice  and  warning  to  watch,  he  shall  pro- 
vide a  watchman  for  that  turn,  though  himself  be  ab- 
sent ;  and  if  any  man  that  takes  a  journey,  or  goes  out 
of  the  town  wherein  he  liveth,  if  he  return  home 
within  a  week  after  the  watch  is  past  his  house,  he 

*  Approved  by  the  General  Court,  Oct.  25th,  1G44.  Col.  Rec.  i. 
113. 

t  Feb.  14th,  1643-4.  Rid.  100.  The  last  clause  was  subsequently 
added. 

J  June,  163G.    Col.  Rec.,  i.  2. 


FIRST  CODE 

shall  be  called  back  to  watch  that  turn  past  a  week 
before.* 

And  for  the  better  keeping  watches  and  wards  by 
the  constables  in  time  of  peace,  It  is  ordered  by  this 
court  and  authority  thereof,  that  every  constable  shall 
present  to  one  of  the  next  magistrates  the  name  of 
every  person  who  shall  upon  lawful  warning  refuse  or 
neglect  to  watch  or  ward,  either  in  person  or  by  some 
other  fit  for  that  service  :  And  if,  being  conveiited,  he 
cannot  give  a  just  excuse,  such  magistrate  shall  grant 
warrant  to  levy  five  shillings  on  every  such  offen- 
der, for  every  such  default :  the  same  to  be  employed 
for  the  use  of  the  watch  of  the  same  town.  And  it  is 
the  intent  of  the  law  that  every  person  of  able  body 
(  not  exempted  by  law),  or  of  estate  to  hire  another, 
shall  be  liable  to  watch  and  ward,  or  to  supply  it  by 
some  other,  when  they  shall  be  thereunto  required. 
And  if  there  be  in  the  same  house  divers  such  per- 
sons, whether  sons,  servants,  or  sojourners,  they  shall 
all  be  compellable  to  watch  as  aforesaid. f  Provided 
that  all  such  as  keep  families  at  their  farms,  being  re- 
mote from  any  town,  shall  not  be  compellable  to  send 
their  servants  or  sons  from  their  farms  to  watch  and 
ward  in  the  towns. 

WOLVES. 

"Whereas  great  loss  and  damage  doth  befall  the  com- 
monwealth by  reason  of  wolves,  which  destroy  great 
numbers  of  our  cattle,  notwithstanding  provision  for- 
merly made  by  this  court  for  suppressing  of  them ; 
therefore,  for  the  better  encouragement  of  any  to  set 
about  a  work  of  so  great  concernment,  It  is  ordered 
by  this  court  and  authority  thereof,  that  any  person, 

*Sept.  1649.    Col.  Rec.,  i.  196. 

\  From  Massachusetts  order  of  1646.    (Mass.  Rec.,  ii.  151.) 


OF  CONNECTICUT.  139 

either  English  or  Indian,  that  shall  kill  any  wolf  or 
wolves,  within  ten  miles  of  any  plantation  within  this 
jurisdiction,  shall  have  for  every  wolf  by  him  or  them 
so  killed,  ten  shillings  paid  out  of  the  treasury  of  the 
country :  provided,  that  due  proof  be  made  thereof 
unto  the  plantation  next  adjoining  where  such  wolf  or 
wolves  were  killed,  and  also  bring  a  certificate  under 
some  magistrate's  hand,  or  the  constable  of  that  place, 
unto  the  treasurer. 

WRECKS   OF  THE    SEA. 

It  is  ordered  and  decreed  and  by  this  court  declared, 
that  if  any  ships,  or  other  vessels,  be  it  friend  or  en- 
emy, shall  suffer  shipwreck  upon  our  coasts,  there 
shall  be  no  violence  or  wrong  offered  to  their  persons 
or  goods,  but  their  persons  shall  be  harbored  and  re- 
lieved, and  their  goods  preserved  in  safety,  till  author- 
ity may  be  certified  and  shall  take  further  order 
therein. 

VESSELS. 

It  is  ordered  by  this  court  and  authority  thereof, 
that  no  vessel  nor  boat  shall  have  liberty  to  go  from 
any  port  in  any  town  within  this  jurisdiction,  before 
they  have  entered  with  the  register  or  recorder  in  each 
town  what  quantity  of  powder  and  shot  they  carry 
forth  with  them  in  their  said  vessels,  and  shall  take  a 
certificate,  under  the  said  register's  or  recorder's  hand, 
of  the  same,  paying  to  him  for  every  certificate,  four 
pence :  And  if  any  vessel  shall  attempt  to  go  from  the 
said  town  or  port,  or  towns  and  ports,  before  he  hath 
entered  as  aforesaid,  or  shall  be  found  with  any  more 
or  greater  quantity  of  powder  and  shot  aboard  the 
vessel  or  vessels  than  they  had  a  certificate  to  show 
they  had  entered,  shall  forfeit  and  pay  for  each  default 


140  FIRST  CODE 

the  true  value  of  all  such  powder  and  shot  as  they 
should  have  entered  as  aforesaid.  And  alt  such  per- 
sons or  masters  of  such  vessels  shall  give  atrue  account, 
upon  their  return,  to  the  said  recorder  where  they 
have  entered  the  premises,  how  they  have  disposed 
thereof,  upon  the  former  penalty  :  And  if  the  said 
town  register  or  recorder  shall  have  just  cause  to  con- 
ceive that  he  or  they  carry  forth  more  of  the  premises 
than  in  an  ordinary  way  is  requisite  for  their  neces- 
sary defence  and  safety  in  their  intended  voyage,  then 
the  said  persons  or  masters  of  vessels  shall  give  in  se- 
curity unto  the  said  recorder  (if  by  him  required 
thereunto),  that  he  shall  give  a  due  account  to  this 
commonwealth  of  the  same,  upon  his  return. 

FOREIGNERS. 

It  is  ordered  by  this  court,  that  no  foreigners,  after 
the  twenty-ninth  day  of  September  next  shall  retail 
any  goods,  by  themselves,  in  any  place  within  this  ju- 
risdiction, nor  shall  any  inhabitant  retail  any  goods 
which  belong  to  any  foreigner,  for  the  space  of  one 
whole  year  after  the  said  twenty -ninth  of  September 
next,  upon  penalty  of  confiscation  of  the  value  of  one 
half  of  the  goods  so  retailed,  to  be  paid  by  the  seller 
of  them.* 

HOME  LOTS. 

Whereas  there  is  creeping  in,  in  several  towns  and 
plantations  within  this  jurisdiction,  a  great  abuse  of 
buying  and  purchasing  home  lots  and  laying  them 
together,  by  means  whereof  great  depopulations  are 
like  to  follow,  It  is  ordered  that  all  dwelling  or  man- 
sion houses  that  are  or  shall  be  allowed  in  any  plan- 
tation or  town  within  this  jurisdiction,  shall  be  upheld^ 

*  Enacted,  May  16,  1650.    (Col.  Rec.,  i.  207.) 


OF  CONNECTICUT.  141 

repaired  and  maintained  sufficiently  in  a  comely  way  : 
As  also,  whosoever  shall  possess  and  enjoy  any  home 
lots  within  any  such  plantation  or  town,  that  is  not 
yet  built  upon,  shall,  within  twelve  months  after  the 
making  of  this  order,  erect  and  build  a  house  there, 
fit  for  an  inhabitant  to  dwell  in,  unless  the  court,  upon 
knowledge  of  the  case,  find  cause  to  abate,  or  give 
longer  time  for  building. 


It  is  ordered,  that  the  prices  of  corn  for  the  year 
ensuing  [1650-51],  for  all  country  rates  (except  where 
engagements  to  the  contrary  are  expressed),  shall  be 
as  f  olloweth : 

"Wheat,  four  shillings  six  pence  per  bushel ;  pease 
three  shillings  six  pence  per  bushel ;  rye,  three  shil- 
lings six  pence  per  bushel ;  Indian,  three  shillings  per 
bushel ;  and  that  there  shall  be  liberty  for  all  men  to 
pay  one  third  part  of  such  rates,  in  good  wampum. 


IV. 

SOME  ORDERS  OF  THE  GENERAL  COURT  AND 
COURT  OF  MAGISTRATES,  1636-1665. 

[From  the  first  volume  of  the  Colony  Records.] 
A  COKTE  HOLDEN  ATT  N~EWTON,  26  APR.  1636.* 

Roger  Ludlowe  Esqr.,        Mr.  "Westwoodj 
Mr.  Steele,       .  Mr.  "Warde. 

Mr.  Phelpes, 

It  was  now  complayned  that  Henry  Stiles  or  some 
of  the  ser[vants]  had  traded  a  peece  with  the  Indians 
for  Corne.  It  is  ordered  that  [the]  said  Henry  Stiles 
shall,  betweene  &  the  next  Cort,  regaine  [the]  saide 
peece  from  the  saide  Indians  in  a  faire  &  legall  waye, 
or  els  this  Corte  will  take  it  into  further  consideracon. 

It  is  ordered  that  from  henceforth  none  that  are 
within  the  Jurisdiction  of  this  Cort,  shall  trade  with 
the  natiues  or  Indians  any  peece  or  pistoll  or  gunn  or 
powder  or  shott,  vnder  such  heavie  penalty  as  vppon 
such  misdemeanor  the  Corte  shall  thinke  meete. 

Constables  sworne,  for  Dorchester,  Newtowne  & 
Watertowne,  for  this  next  yeere  and  vntill  newe  be 


*  Newton,  or  New  Town, — now  Hartford.  The  record  of  the 
first  three  sessions  is  given  entire,  preserving  the  original  spelling, 
but  not  the  abbreviations.  A  few  words  and  parts  of  words  lost  by 
mutilations  of  the  record,  or  illegible,  are  restored  in  brackets. 

142 


GENERAL  COURT,  1636.  143 

chosen,  are  Henry  "Walcott  for  Dorchester,  Samuell 
Wakeman  for  Newtowne,  &  Daniell  Finch  for  Water- 
towne. 

Whereas  there  be  divers  strange  Swine  in  the 
seuerall  plantacons  that  their  owners  are  not  knowen 
&  yet  doe  &  are  likelie  to  Comitt  many  trespasses. 
It  is  therefore  ordered  that  the  saide  plantacons  shall 
forthwith  take  notice  of  them  &  their  markes,  &  giue 
speedy  notice  amonge  the  plantacons  both  of  them  & 
their  markes  &  if  in  a  fortenight  noe  owners  come 
forth  then  the  saide  plantacons  or  plantacon  where 
such  Swine  are,  may  appraise  them  att  a  value  &  sell 
them  &  take  the  money  to  some  publicke  vse  of  the 
eaide  plantacon,  vnlesse  their  doe  within  one  whole 
yeere  after  appear  a  true  owner  &  then  the  money  it 
was  sould  for  is  to  be  restored,  prouided  alwaies  that 
when  the  owner  appear  before  the  money  or  Swine  be 
redeliuered,  there  be  deducted  such  Somes  &  Chardges 
&  trespasses  as  haue  beene  comitted  &  expended  in 
&  aboute  him  or  them. 

It  is  likewise  ordered  if  any  Swine  stray  from  oute 
their  owne  Plantacon  into  another  they  shalbe  sub- 
iect  [to]  the  orders  that  are  there  made  concerninge 
Swine. 

"Whereas  there  was  a  dismission  granted  by  the 
C[hurch]  of  Waterton  in  the  Masachusetts,  dated 
29th  of  May  last,  to  Andrewe  Warde,  Jo:  Sherman, 
Jo:  Stickland,  Eob'te  Coo,  Rob'te  Reynold  &  Jonas 
Weede,  with  intent  to  forme  a  newe  in  a  Ch:  Cov- 
enant, in  this  River  of  Conectecott,  the  saide  parties 
haue  soe  accordingly  done  with  the  publicke  allow- 
ance of  the  rest  of  the  members  of  the  saide  Churches, 
as  by  certificate  nowe  produced  appears.  It  is  there- 
fore in  this  present  Cort  ratified  &  confirmed,  they 


144:  ORDERS  OF  THE 

promissing  shortlie  publicquely  to  renewe  the  [said] 
Covenante  vppon  notice  to  the  rest  of  the  Churches. 

(pp.  1,  2.*) 


A  CORTE  HELD  ATT  DoRCHESTERf  JUNE  fall,  1636. 

Mr.  Ludlowe,  Mr.  "Westwood, 

Mr.  Steele,  Mr.  "Warde. 

Mr.  Phelpes, 

"Whereas,  the  last  Corte  Henry  Stiles  was  ordered 
to  regaine  [a]  peece  he  had  traded  with  the  Indians 
which  doth  not  appear  that  he  hath  done,  It  is  order- 
ed that  a  warrant  shalbe  directed  to  him  to  performe 
the  same  by  the  next  Oort  and  then  personally  to 
appear  [&]  answere  his  neglect. 

It  is  ordered  that  there  shalbe  a  sufficient  Watch 
maynte[ined]  in  every  towne  &  that  the  Constable  of 
each  Towne  shall  d[uly]  warne  the  same  &  see  that 
the  inhabitants  or  residents  doe  seuerally  in  their 
Turne  observe  the  same  accordinge  as  [the]  Inhab- 
itants doe  agree,  which  said  watch  shall  begin  &  end 
when  the  Courte  or  magistrates  shall  thinke  meete. 

It  is  ordered  that  Samuell  Wakeman  &  Geo :  Ilub- 
berd  shall  [survey]  the  breadth  of  the  plantacon  of 
Dorchester  howe  f arre  [it]  shall  extend  aboue  Mr. 
Stiles  &  shall  eertifie  vnto  the  [next]  Corte  their  pro- 
ceedinges  herein  to  the  end  it  may  be  then  confirmed, 
and  that  they  shall  haue  from  the  saide  Towne  satis- 
faccon  for  their  paines.  And  the  saide  Samuell 
~Wake[man]  shall  doe  the  like  for  "Watertowne  in  their 
bredth  toward  [the]  mouth  of  the  Eiver  &  have  the 

*  The  references  are  to  the  pages  of  the  first  printed  volume  of 
Colonial  Records,  163G-1G65. 
t  Now  Windsor. 


GENERAL  COURT,  1636.  145 

like  satisfaccon.  And  this  done  without  faile  before 
the  next  Corte  vppon  peine  [of]  40  shillinges  of  each 
heade  that  shall  faile  therein. 

It  is  ordered  that  every  souldier  in  each  plantacon 
shall  haue  in  his  howse  in  a  readines  before  the  end  of 
August  next,  twoe  pounde  of  powder,  and  that  they 
shall  shew  it  to  the  Constable  whenever  he  shall  call 
them  vnto  it  vppon  the  penalty  of  X  s.  for  every  fail- 
ure, which  is  presentlie  to  bele[vied]  by  the  saide  Con- 
stable without  [resistance]  as  alsoe  20  bul[letts  of  leade 
in  the  like  readines  vppon  the  same  penalty  and  in  the 
same  manner  to  be  levied.] 


A  CORTE  HELD  ATT  WATERTOWNE*  1°  7br,  1636. 
Roger  Ludlowe  Esq.,        Mr.  Wm.  Phelps, 
Mr.  Jo:  Steele,  Mr.  "Wm.  Westwoode, 

Mr.  Wm.  Swaine,  Mr.  Andr:  Warde. 

It  is  ordered  that  the  order  concerninge  Powder  and 
Bulletts,  of  the  Tth.  of  June  last  be  no  we  presentlie 
published  in  the  seueral  plantacons  and  that  there  be 
respite  given  vntill  th'end  of  this  instant  moneth.  and 
then  to  be  putt  in  execucon  without  faile. 

Whereas  there  was  tendered  to  vs  an  Inventory  of 
the  estate  of  Mr.  Jo :  Oldam  which  seemed  to  bee  some- 
what vncerteinely  valued,  wee  therefore  thinke  meete 
to,  and  soe  it  is  ordered,  that  Mr.  Jo:  Plum  and 
Rich:  Gildersleeue  togeather  with  the  Constable  shall 
survey  the  saide  Inventory  and  perfect  the  same 
before  the  next  Corte  and  then  to  deliuer  it  into  the 
Corte. 

It  is  ordered  that  Thurston  Rayner  as  he  hath 

*  Now  Wethersfield. 

7 


146  ORDERS  OF  THE 

hitherto  done  soe  shall  continue  to  looke  to  and  pre- 
serue  the  Corne  of  Mr.  Oldam  and  shall  inn*  the  same 
in  a  seasonable  tjme  and  shall  bringe  an  Accompt  the 
next  Cort  what  quantitie  there  is  of  it  as  alsoe  of  his 
labor  and  then  the  Cort  will  out  of  the  same  alott 
vnto  him  soe  many  bushells  as  shalbe  reasonable  for 
his  paines  and  labor.  And  in  the  meaneif  he  hathvse 
of  some  for  his  owne  spendinge  to  take  some  which 
shalbe  then  deducted  out  of  what  wilbe  due  to  him. 
And  then  the  Cort  will  give  finall  order  concerninge 
the  same. 

It  is  ordered  that  every  plantacon  shall  traine  once 
in  every  moneth,  and  if  vppon  complaiute  of  their 
military  officer  it  appear  that  there  bee  divers  very 
vnskilfull,  the  sayde  plantacon  may  appointe  the  offi- 
cer to  traine  oftener  the  saide  vnskillfull.  And  that 
the  saide  military  officer  take  veiwe  of  their  seueral 
Armes  whether  they  be  seruiceable  or  noe.  And  for 
default  of  every  souldiers  absent  the  absent  to  paye  6s. 
for  every  tyme  without  lawfull  excuse  within  2  dayes 
after,  tendered  to  the  Commissioners  or  one  of  them 
in  the  .saide  plantacon.  And  for  any  default  in  Armes 
vppon  warnings  to  them  by  the  saide  officer  to  amend 
the  same  and  a  tyme  sett  and  if  not  then  amended  by 
the  tyme  appointed,  Is.  every  tyme.  And  where  Armes 
are  wholly  wantinge  to  be  bounde  over  to  answere  it 
at  the  next  Corte. 

Whereas  it  appeared  by  a  wrytinge  vnder  hand  of 
Mr.  Oldam  that  twoe  of  the  mares  that  are  nowe  seized 
vppon  by  Daniell  Finch  Constable  of  "Watertowne,  as 
Mr.  Oldames  goodes,  are  the  goodes  of  Mr.  Tho:  Al- 
len. And  therefore  it  is  ordered  that  the  said  mares 


*  Inn  ;  to  house,  to  put  under  cover. 


GENERAL  COURT,  1C36.  147 

shalbe  deliuered  to  the  saide  Mr.  Allen  into  his  owne 
possession  or  his  assignes. 

It  is  ordered  by  consent  of  Serieant  Seely  plaintiffe 
against  the  inhabitants  of  the  Towne  of  Watertowne  de- 
fendants, that  a  Jurer  shalbe  withdrawen,  and  that 
the  defendants  doe  vndertake  to  produce  an  order 
wherein  they  will  make  it  appear  that  it  was  ordered 
that  if  the  inhabitants  of  the  saide  Towne  did  not  re- 
mone  with  their  Families  to  Conectecott  by  the  end 
of  this  instant  moneth  or  els  there  was  noe  propriety 
due  to  them  in  the  devident  of  the  lands  of  the  saide 
Towne  and  that  the  hand  or  the  consent  of  the  saide 
Willm.  Bassum  is  herevnto.  And  if  the  saide  order  be 
not  produced  here  to  the  Corte  by  the  2d  Cort  after 
this  the  Inhabitants  are  to  pay  the  plaintifle  damages. 

(pp.  2-4.) 

21  FEBR.  1636.* 
Mr.  Ludlowe,         Mr.  Phelps, 
Mr.  Steele,  Mr.  Westwoode. 

Mr.  Swaine, 

"Whereas  it  was  ordered  that  Samuel  Wakeman, 
Geo:  Hubbert,  &  Anncient  Stoughton  were  to  con- 
sider of  the  boundes  of  Dorchester  towarde  the  Falls 
&  of  Watertowne  towards  the  mouth  of  the  River  ; 
The  saide  Samuell  "Wakeman  &  [Geo:]  Hubberd 
thinkes  meete  that  the  plantacon  of  Dorchester  shall 
extend  towards  the  Falls,  on  the  same  side  the  plan- 
tacon standes,  to  a  Brooke  called  Kittle  Brooke  &  soe 
over  the  greate  River  vppon  the  same  line  that  Newe 
Towne  &  Dorchester  doth  betweene  them.  And  soe 
it  is  ordered  by  the  Corte. 

*  1637,  by  our  present  mode  of  dating. 


ORDERS  OF  THE 

It  is  ordered  that  the  plantacon  nowe  called  New- 
towne  shal  be  called  &  named  by  the  name  of  Harte- 
ford  Towne,  likewise  the  plantacon  now  called  Wa- 
tertowne  shalbe  called  and  named  Wythersfeild. 

Samuell  Wakeman  &  Ancient  Stoughton  doethinke 
meete  that  the  boundes  of  Wythersfeild  shalbe  ex- 
tended toward  the  Rivers  mouth,  in  the  same  side  it 
standes  in,  to  a  Tree  sixe  miles  downeward  from  the 
boundes  between  them  &  Harteford  [marked  with] 
K:  F:  &  to  [runn  in  an  east]  &  west  line,  [&  over] 
the  great  Eiver,  the  saide  "Wythersfeild  to  begin  att 
the  mouth  of  Pewter  pott  Brooke  &  there  to  runn  due 
east  into  the  Countrey  3  miles  &  downeward  sixe  miles 
in  breadth,  which  is  ordered  accordingly.* 

It  is  ordered  that  the  plantacon  called  Dorchester 
shalbee  called  Windsor. 

The  boundes  betweene  Weathersfeild  &  Harteford 
are  agreed  on  the  side  wherein  they  stand  to  be  att  a 
Tree  marked  N:  F:  &  to  which  the  Pale  of  the  saide 
Harteford  is  fixed,  to  goe  into  the  Countrey  due  east, 
and  on  the  other  side  of  the  greate  River  from  Pew- 
ter pott  Brook  att  the  lower  side  of  Hocannom  due  east 
into  the  Countrey,  which  is  nowe  ordered  accordingly. 

The  boundes  betweene  Harteford  &  Windsor  is 
agreed  to  be  att  the  vpper  end  of  the  greate  meadowe 
of  the  said  Harteford  toward  Windsor  att  the  Pale 
that  is  nowe  there  sett  vpp  by  the  saide  Harteford, 
which  is  abuttinge  vppon  the  great  River,  vppon  a  due 
east  line,  &  into  the  Countrey  from  the  saide  Pale 
vppon  a  due  west  line  asparalell  to  the  saide  east  line 
as  farr  as  they  have  now  paled  &  afterward  the 

*  The  words  in  brackets  (now  illegible  in  the  original  Record  ) 
are  here  supplied  from  a  certified  copy  of  this  and  the  next  pre- 
ceding order,  made  in  1708. 


GENERAL  COURT,  1637.  149 

boundes  to  goe  into  the  Countrey  vppon  the  same 
west  line.  But  it  is  to  be  soe  much  shorter  towards 
Windsor  as  the  place  where  the  Girte  that  comes 
alonge  att  the  end  of  the  saide  meadowe  &  falls  into 
the  saide  greate  River  is  shorter  then  their  Pale, 
<fe  over  the  saide  greate  Riuer  the  saide  Plantacon  of 
"Windsor  is  to  come  to  the  *  Riveretts  mouth  that  falls 
into  the  saide  greate  River  of  Conectecott,  and  there 
the  said  Harteford  is  to  runn  due  east  into  the  Coun- 
trey, which  is  ordered  accordingly. 

It  is  ordered  that  noe  yonge  man  that  is  neither 
maried  nor  hath  any  servaunte,  &  be  noe  publicke  of- 
ficer, shall  keepe  howse  by  himself,  without  consent 
of  the  Towne  where  he  liues  first  had,  vnder  paine 
of  20&  per  week. 

It  is  ordered  that  noe  Master  of  a  Family  shall  giue 
habitacon  or  interteinment  to  any  yonge  man  to  so- 
iourne  in  his  family,  but  by  the  allowance  of  the  in- 
habitants of  the  saide  Towne  where  he  dwelles,  vnder 
the  like  penalty  of  20s.  per  weeke.  These  2  last  or- 
ders to  take  effect  the  first  of  Aprill  next. 

(pp.  7,  8.) 


1637. — It  is  ordered  that  Mr.  Frances  Stiles  shall 
teach  Geo.  Chappie,  Thos.  Cooper  and  Thos.  Barber, 
his  servants,  in  the  trade  of  a  carpenter,  according  to 
his  promise  for  the  service  of  their  term  behind,  four 
days  in  a  week  only,  to  saw  and  slit  their  own  work 
that  they  are  to  frame  themselves  with  their  own 
hands,  together  with  himself  or  some  other  master 


*[/n  margin]  "  The  Riuerett  on  the  other  side  by  the  Indians 
is  called  Podanke." 


150  ORDERS  OF  THE 

workmen,  the  time  to  begin  for  the  performance  of 
this  order  fourteen  days  hence  without  fail.* 

1638,  Mar.  9°  die. — It  is  ordered  that  whosoever 
doth  disorderly  speak  privately  during  the  sitting  of 
court,  with  his  neighbor,  or  two  or  three  together, 
shall  presently  pay  one  shilling,  if  the  court  BO  think 
meet. 

1638. — It  is  thought  meet  that  the  corselets  that 
were  in  the  last  service  shall  be  made  good  to  the 
commonwealth  and  made  as  serviceable  as  before, 
and  that  Richard  Lord  shall  take  such  corselets  into 
his  custody  as  are  in  the  meeting  house  of  Harteford 
and  make  them  up,  and  when  they  be  fitted  up  the 
said  Lord  is  to  bring  in  his  note  and  the  court  to 
appoint  one  to  view  the  same,  and  when  they  are 
certified  to  be  in  good  condition  there  must  be  speedy 
course  taken  by  the  court  for  the  speedy  payment  of 
the  said  Lord. 

1639.— Jno.  E ,  A.  S ,  and  Jno.  W , 

were  censured  for  unclean  practices  as  follows :  Jno. 

E to  be  whipped  at  a  cart's  tail  upon  a  lecture  day 

at  Harteford.  Jno.  W to  stand  upon  the  pillory 

from  the  ringing  of  the  first  bell  to  the  end  of  the 
lecture,  then  to  be  whipped  at  a  cart's  [tail,]  and  to  be 
whipped  in  like  manner  at  Windsore  within  eight  days 

following.  A.  S to  stand  upon  the  pillory  and 

be  whipped  as  "W ,  and  to  have  the  letter  R  burnt 

upon  his  cheek,  and  in  regard  of  the  wrong  done-  to 

Mary  H to  pay  her  parents  ten  pounds,  and  in 

defect  of  such  to  the  commonwealth,  and  when  both 
are  fit  for  that  condition,  to  marry  her. 

*  In  this  extract,  and  in  most  of  those  which  follow,  the  spelling 
is  modernized,  except  proper  names. 


GENERAL  COURT,  1G39-41.  151 

It  is  the  mind  of  the  court  that  Mr.  Ludlow  and 
Mr.  Phelps  see  some  public  punishment  inflicted  upon 
the  girl  for  concealing  it  so  long. 

1639. — Jno.  B and  Mary  H were  both 

censured  to  be  whipped  for  unclean  practices,  and  the 
girl's  master  is  enjoined  to  send  her  out  of  this 
Jurisdiction  before  the  last  of  the  next  month. 

1639-40. — Win.  C ,  servant  to  Jno.  Crow,  was 

fined  forty  shillings  for  misdemeanor  in  drinking, 
and  corporal  punishment  was  remitted  upon  his 
promise  of  his  care  for  the  future  to  avoid  such 
occasions. 

1640.— Ed.  Yeare  of  Wethersfyeld  is  fined  ten 
shillings  for  cursing  and  swearing,  and  also  he  is  to 
sit  in  the  stocks  at  Wethersfyeld,  two  hours  the  next 
training  day. 

N.  O ,  for  his  lascivious  carriage  and  foul  misde- 
meanors at  sundry  times  with  Mary  B ,  is  adjudged 

to  pay  twenty  pound  fine  to  the  country,  and  to  stand 
upon  the  pillory  at  Hartford  the  next  lecture  day  dur- 
ing the  time  of  the  lecture.  He  is  to  be  set  on,  a  little 
before  the  beginning  and  to  stay  thereon  a  little 
after  the  end. 

1640. — It  is  ordered,  that  what  person  or  persons 
within  this  jurisdiction  shall,  after  September,  1641, 
drink  [i.  e.  smoke]  any  other  tobacco  but  such  as  is 
or  shall  be  planted  within  these  liberties,  shall  forfeit 
for  every  pound  so  spent  five  shillings,  except  they 
have  license  from  the  court. 

1641. — Notwithstanding  the  late  order  concerning 
the  restraint  of  excess  in  apparel,  yet  divers  persons 
of  several  ranks  are  observed  still  to  exceed  therein : 
It  is  therefore  ordered  that  the  constables  of  every 


152  ORDERS  OF  THE 

town  within  these  liberties,  shall  observe  and  take 
notice  of  any  particular  person  or  persons  within  their 
several  limits,  and  all  such  as  they  judge  to  exceed 
their  condition  and  ranks  therein,  they  shall  present 
and  warn  to  appear  at  the  particular  court ;  as  also  the 
said  constables  are  to  present  to  the  said  court  all  such 
persons  who  sell  their  commodities  at  excessive  rates; 
And  the  said  court  hath  power  to  censure  any  dis- 
order in  the  particulars  before  mentioned. 

1641. — "Whereas  it  was  ordered  that  every  family 
should  plant  a  spoonful  of  hempseed,  at  a  foot  dis- 
tant every  seed :  upon  complaint  that  the  said  hemp- 
seed  cannot  be  procured,  It  is  ordered,  that  such 
persons  who  have  above  the  quantity  of  a  spoonful, 
and  deny  to  sell  to  others  that  are  unprovided,  they 
shall  plant  so  many  spoonfuls  themselves,  according 
to  the  said  order,  as  they  deny  to  sell  to  others  that 
want  and  desire  to  buy  it  of  them  at  a  reasonable 
rate. 

1641. — For  the  preventing  and  avoiding  that  foul 
and  gross  sin  of  lying,  it  is  ordered,  that  when  any 
person  or  persons  shall  be  accused  and  proved  guilty 
of  that  vice,  it  shall  be  lawful  for  the  particular 
court  to  adjudge  and  censure  any  such  party,  either 
by  fine  or  bodily  correction  according  as  they  shall 
judge  the  nature  of  the  fault  to  require ;  this  to  hold 
to  the  next  court. 

1641. — Forasmuch  as  the  court  having  lately  de- 
clared their  apprehensions  to  the  country  concerning 
the  excess  in  wages  amongst  all  sorts  of  artificers  and 
workmen,  hoping  thereby  men  would  have  been  a  law 
unto  themselves,  but  finding  little  reformation  therein, 
The  said  court  hath  therefore  ordered,  that  sufficient 


GENERAL  COURT,  1640-43.  153 

able  carpenters,  plow-wrights,  wheelwrights,  masons, 
joiners,  smiths,  and  coopers,  shall  not  take  above 
twenty  pence  for  a  day's  work  from  the  tenth  of  March 
to  the  eleventh  of  October,  nor  above  eighteen  pence 
a  day  for  the  other  part  of  the  year,  and  to  work 
eleven  hours  in  the  day  the  summer  time,  besides  that 
which  is  spent  in  eating  or  sleeping,  and  nine  hours  in 
the  winter :  also,  mowers,  for  the  time  of  mowing 
shall  not  take  above  twenty  pence  for  a  day's  work. 

It  is  ordered,  also,  that  all  other  artificers,  or  handi- 
crafts-men and  chief  laborers  shall  not  take  above 
eighteen  pence  a  day  for  the  first  half  year  as  afore- 
said, and  not  above  fourteen  pence  a  day  for  the  other 
part  of  the  year ;  and  whatsoever  work  is  let  or  taken 
by  the  great  or  parcel,  by  any  workmen,  laborers  or 
artificers  whatsoever,  shall  be  valued  by  the  propor- 
tion aforesaid. 

1642. — For  the  better  furnishing  the  Eiver  with 
cordage  towards  the  rigging  of  ships,  It  is  ordered, 
that  what  hempseed  any  person  hath  within  these 
liberties,  that  they  shall  either  sow  it  themselves, 
or  sell  it  to  some  others  within  the  River  that  may 
sow  the  same. 

1642. — It  is  ordered,  that  there  shall  be  a  guard  of 
forty  men  to  come  complete  in  their  arms  to  the  meet- 
ing every  Sabbath  and  lecture  day,  in  every  town 
within  these  liberties  upon  the  River. 

1643. — To  prevent  or  withstand  such  sudden  assaults 
as  may  be  made  by  Indians  upon  the  Sabbath  or 
lecture  days,  It  is  ordered,  that  one  person  in  every 
several  house  wherein  is  any  soldier  or  soldiers,  shall 
bring  a  musket,  pistol  or  some  piece,  with  powder 
and  shot  to  each  meeting,  except  some  one  magistrate 
7* 


154:  ORDERS  OF  THE 

dispense  with  any  one,  and  appoint  some  other  to 
supply  his  room. 

1643. — "Whereas  that  is  observed  that  the  late  order 
for  one  in  a  family  to  bring  his  arms  to  the  meeting 
house  every  Sabbath  and  lecture  day,  hath  not  been 
attended  by  divers  persons;  It  is  now  ordered,  that 
whosoever  hereafter  shall  at  any  time  neglect  the 
same,  shall  forfeit  twelve  pence  for  every  neglect, 
whereof,  six  pence  to  the  party  that  shall  inform  and 
six  pence  to  the  country. 

1643. — Whereas,  the  prosperity  and  well-being  of 
common  weals  doth  much  depend  upon  the  well  gov- 
ernment and  ordering  of  particular  families,  which  in 
an  ordinary  way  cannot  be  expected  where  the  rules 
of  God  are  neglected  in  laying  the  foundation  of  a 
family  state :  For  the  prevention  therefore  of  such 
evils  and  inconveniences,  which  by  experience  are 
found  not  only  to  be  creeping  in  but  practiced  by  some 
in  that  kind,  It  is  ordered,  that  no  person  whatsoever, 
male  or  female,  not  being  at  his  or  her  own  dispose,  or 
that  remaineth  under  the  government  of  parents,  mas- 
ters or  guardians  or  such  like,  shall  either  make,  or  give 
entertainment  to  any  motion  or  suit  in  way  of  mar- 
riage, without  the  knowledge  and  consent  of  those 
they  stand  in  such  relation  to,  under  the  severe  cen- 
sure of  the  Court,  in  case  of  delinquency  not  attending 
this  order  ;  nor  shall  any  third  person  or  persons  inter- 
meddle in  making  any  motion  to  any  such  without 
the  knowledge  and  consent  of  those  under  whose 
government  they  are,  under  the  same  penalty. 

1647. — It  is  the  mind  of  the  court  that  there  should 
be  provision  made  for  entertaining  the  magistrates 
during  the  sitting  of  the  court,  and  the  deputies  of 
Hartford  are  desired  to  find  out  a  fit  man. 


GENERAL  COURT,  1643-47.  155 

1647. — For  the  preventing  that  great  abuse  which  is 
creeping  in  by  excess  in  wine  and  strong  waters,  It  is 
ordered,  that  no  inhabitant  in  any  town  of  this  juris- 
diction shall  continue  in  any  common  victualing  house 
in  the  same  town  where  he  liveth,  above  half  an  hour 
at  a  time  in  drinking  wine,  beer,  or  hot  waters, 
neither  shall  any  who  draweth  and  selleth  wine 
suffer  any  to  drink  any  more  wine  at  one  time  than 
after  the  proportion  of  three  to  a  pint  of  sack.  And 
it  is  further  ordered,  that  no  such  wine  drawer  deliv- 
er any  wine,  or  suffer  any  to  be  delivered  out  of  his 
house,  to  any  who  come  for  it,  unless  they  bring  a 
note  under  the  hand  of  some  one  master  of  some  fam- 
ily and  allowed  inhabitant  of  that  town,  neither  shall 
any  such  Ordinary  keep,  sell  or  draw  any  hot  waters 
to  any  but  in  case  of  necessity,  and  in  such  moderation 
for  quantity  as  they  may  have  good  grounds  to  con- 
ceive it  may  not  be  abused ;  and  shall  be  ready  to 
give  an  account  of  their  doings  herein  when  they  are 
called  thereto,  under  censure  of  the  Court,  in  case  of 
delinquency. 

1645. — Susan  C.,  for  her  rebellious  carriage  toward 
her  mistress,  is  to  be  sent  to  the  house  of  correction 
and  be  kept  to  hard  labor  and  coarse  diet,  to  be  brought 
forth  the  next  lecture  day  to  be  publicly  corrected,  and 
so  to  be  corrected  weekly,  until  order  be  given  to  the 
contrary. 

Robert  B ,  for  his  loathsome  and  beastly  de- 
meanor, is  adjudged  to  be  brought  forth  the  next 
lecture  day,  to  be  severely  scourged,  and  to  be  kept  in 
the  house  of  correction  a  fortnight  longer,  and  then 
brought  forth  again  to  be  publicly  whipped,  and  then 
to  be  bound  to  appear  at  every  quarter  court  to  be 


156  ORDERS  OF  THE 

whipped,  until  the  court  see  some  reformation  in  him, 
and  shall  see  cause  to  release  him. 

Walter  G ,  for  his  misdemeanor  in  laboring  to 

inveigle  the  affections  of  Mr.  Hoocker's  maid,  is  to  be 
publicly  corrected  the  next  lecture  day. 

1646. — Robert  B.,  for  his  gross  misdemeanor  in 
slandering  Mrs.  Mary  Fenwicke,  is  to  stand  on  the 
pillory,  Wednesday,  during  the  lecture,  then  to  be 
whipped,  and  fined  five  pound,  and  half  year's  impris- 
onment. 

1648. — John  Drake  complains  against  John  Bennett 
for  saying  he  had  enticed  and  drawn  away  the  affec- 
tions of  his  daughter. 

1648. — The  court  adjudgeth  Peter  Bussaker,  for  his 
filthy  and  profane  expressions  ( viz.,  that  he  hoped  to 
meet  some  of  the  members  of  the  church  in  hell  ere 
long,  and  he  did  not  question  but  he  should,)  to  be  com- 
mitted to  prison,  there  to  be  kept  in  safe  custody  till 
the  sermon,  and  then  to  stand  in  the  time  thereof  in 
the  pillory,  and  after  sermon  to  be  severely  whipped. 

1649. — J.  J.,  for  his  filthy  and  profane  speeches  and 
carriages,  is  adjudged  to  lie  in  prison  till  next  Thurs- 
day morning  after  the  catechising,  and  then  to  be 
publicly  whipped,  and  so  return  to  prison  again  for  a 
month  after  that,  except  he  find  bail  to  appear  when 
he  is  called  for  again  to  receive  second  correction, 
which  the  court  appoints  and  thinks  meet  to  be  next 
Thursday  come  month,  except  the  Governor  judges 
the  weather  unseasonable. 

1652. — Thomas  Lord,  having  engaged  to  this  court 
to  continue  his  abode  in  Hartford  for  the  next  ensuing 
year,  and  to  improve  his  best  skill  amongst  the 
inhabitants  of  the  towns  upon  the  River  within  this 


GENERAL  COURT,  1G54  56.  157 

Jurisdiction,  both  for  setting  of  bones  and  otherwise, 
as  at  all  times  occasions  and  necessities  may  or  shall 
require ;  This  court  doth  grant  that  he  shall  be  paid 
by  the  country  the  sum  of  fifteen  pounds  for  the  said 
ensuing  year,  and  they  do  declare  that  for  every  visit 
or  journey  that  he  shall  take  or  make,  being  sent  for 
to  any  house  in  Hartford,  twelve  pence  is  reasonable ; 
to  any  house  in  Wyndsor,  five  shillings ;  to  any  house 
in  Wethersfeild,  three  shillings;  to  any  house  in 
Farmington,  six  shillings ;  to  any  house  in  Mattabe- 
seck,  eight  shillings ;  (he  having  promised  that  he  will 
require  no  more ;)  and  that  he  shall  be  freed  for  the 
time  aforesaid  from  watching,  warding  and  training ; 
but  not  from  finding  arms,  according  to  law. 

1654. — This  court  grants  Mr.  Cullick  liberty  to 
draw  and  sell  one  hogshead  of  claret  and  a  quarter 
cask  of  red  wine  to  his  friends  and  neighbors,  free 
from  the  country's  excise.  And  this  court  doth  also 
futher  grant  unto  the  said  Mr.  Cullick,  free  license 
and  liberty  for  the  future  to  draw  out  or  sell  to  his 
friends  and  neighbors  what  wine  and  liquors  he  shall 
see  cause,  free  from  the  country's  excise. 

1656. — That  no  butcher,  by  himself  or  any  other 
person,  gash  or  cut  any  hide  of  ox,  bull,  steer  or  cow, 
in  flaying  thereof,  whereby  the  same  shall  be  impaired, 
nnder  the  penalty  of  twelve  [pence]  for  every  such 
gash  in  hide  or  skin. 

Nor  shall  any  person  or  persons  using  or  which 
shall  use  the  mystery  of  tanning,  at  any  time  or  times 
hereafter,  offer  or  put  to  sale  any  kind  of  leather 
which  shall  be  insufficiently  or  not  thoroughly  tanned, 
or  which  shall  not  then  have  been  after  the  tanning 
thereof  well  and  thoroughly  dried,  upon  pain  of 


158  ORDERS  OF  THE 

forfeiture  BO  much  of  his  or  their  said  leather  as  by 
any  searcher  or  sealer  of  leather  lawfully  appointed 
shall  bo  found  insufficiently  tanned  or  not  thoroughly 
dried  as  aforesaid. 

1658. — This  court  orders  that  there  shall  be  no 
ministry  or  church  administration  entertained  or  at- 
tended by  the  inhabitants  of  any  plantation  in  this 
colony,  distinct  and  separate  from  and  in  opposition 
to  that  which  is  openly  and  publicly  observer!  and  dis- 
pensed by  the  settled  and  approved  minister  of  the 
place,  except  it  be  by  approbation  of  the  general 
court,  and  neighbor  churches :  provided  always  that 
this  order  shall  not  hinder  any  private  meetings  of 
godly  persons  to  attend  any  duties  that  Christianity 
or  religion  call  for,  as  fasts  or  conference,  nor  take 
place  upon  such  as  are  hindered  by  any  just  impedi- 
ments on  the  Sabbath  day,  from  the  public  assem- 
blies, by  weather  or  water  and  the  like. 

1659. — It  is  ordered  by  this  court,  that  if  any  person 
be  found  drunk,  and  convicted  so  to  be,  in  any  private 
house,  he  shall  pay  twenty  shillings  for  every  trans- 
gression of  this  nature,  unto  the  public  treasury,  and 
the  owner  of  the  house  where  the  person  is  found  and 
proved  to  be  made  drunk,  shall  pay  ten  shillings. 

It  is  ordered  and  required  by  the  authority  of  this 
court,  that  the  constables  in  each  town  shall  make 
diligent  search  upon  all  occasions  when  there  is  suspi- 
cion of  miscarriages  by  disordered  meetings  of  per- 
sons in  private  houses  to  tipple  together  ;  and  having 
discovered  they  are  to  make  presentment  thereof  to 
public  authority,  and  such  as  are  convicted  to  be  guilty 
of  the  breach  of  this  order  shall  pay  five  shillings,  one 
half  to  the  public  treasury,  the  other  half  to  the  per- 
son discovering. 


GENERAL  COURT,  1660.  159 

1660. — This  court  doth  order,  that  no  man  or  wo- 
man within  this  colony  who  hath  a  wife  or  husband  in 
foreign  parts,  shall  live  here  above  two  years,  upon 
penalty  of  forty  shillings  per  month  upon  every  such 
offender ;  and  any  that  have  been  above  three  years 
already,  not  to  remain  within  this  colony  above  one 
year  longer,  upon  the  same  penalty,  except  they  have 
liberty  from  the  general  court. 

1662. — This  court  orders,  that  the  Bible  that  was 
sent  to  goodwife  Williams  be  by  Sergt.  John  Not  de- 
livered to  goodwife  Harrison,  who  engageth  to  this 
court  to  give  unto  the  children  of  the  said  Williams, 
a  bushel  of  wheat  apiece,  as  they  shall  come  out  of 
their  time.  And  John  Not  doth  engage  to  give  each 
of  the  children  two  shillings  apiece  as  they  come  out 
of  their  time,  to  buy  them  Bibles  ;  and  John  Not  hath 
hereby  power  granted  him  as  is  ordered,  to  dispose  of 
the  rest  of  the  books,  to  the  children  of  the  said  Wil- 
liams. 


1662,  Oct.  9. — The  PATENT  or  CHARTER  was  this  day 
publicly  read  in  audience  of  the  Freemen,  and  declared 
to  belong  to  them  and  their  successors,  and  the  freemen 
made  choice  of  Mr.  Willys,  Capt.  John  Talcot  and 
Lieut.  John  Allyn  to  take  the  Charter  into  their  custody, 
in  behalf  of  the  freemen,  who  are  to  have  an  oath  ad- 
ministered to  them  by  the  General  Assembly,  for  the 
due  discharge  of  the  trust  committed  to  them. 

It  is  enacted  and  decreed  by  the  Freemen,  that  the 
town  of  Hartford  for  future  shall  be  the  settled  place 
for  the  convocation  of  the  General  Assembly,  at  all 
times,  unless  it  be  upon  occasion  of  epidemical  dis- 
eases, sickness,  or  the  like. 


160  GENERAL  COURT,  1662-63. 

This  court  appoints  that  Wednesday  come  fortnight 
be  set  apart,  throughout  this  colony,  for  a  solemn  day 
of  Thanksgiving  for  the  mercies  that  God  hath  ex- 
tended to  this  colony  the  year  past,  and  particularly 
for  the  good  success  God  hath  given  to  the  endeavors 
of  our  Honored  Governor  in  obtaining  our  charter  of 
his  Majesty  our  Sovereign  ;  as  also  for  his  gracious  an- 
swer of  our  prayer  in  the  late  drought,  in  sending  rain  ; 
and  for  abatement  of  the  sickness ;  and  for  the  hopes 
we  have  of  settlement  in  the  ways  of  peace  and  right- 
eousness. 

This  court  doth  order  and  declare,  that  the  seal 
that  formerly  was  used  by  the  general  court  shall  still 
remain  and  be  used  as  the  seal  of  this  colony  until  the 
court  see  cause  to  the  contrary,  and  the  secretary  is  to 
keep  the  seal,  and  to  use  it  on  necessary  occasions,  for 
the  colony. 

Aug.,  1663. — This  court  doth  desire  that  those  friends 
appointed  to  keep  the  Charter  do  also  receive  the  du- 
plicate into  their  custody,  and  keep  it  in  behalf  of  the 
freemen  of  this  corporation ;  and  the  worshipful  Gov- 
ernor is  desired  to  deliver  the  said  duplicate  to  the 
said  friends,  or  either  of  them. 


V. 

THE    FUNDAMENTAL    AGREEMENT    AT 
•  NEW  HAVEN,  JUNE  4th,  1639. 

[From  New  Haven  Colony  Kecords,  i.  11-17.] 

The  fourth  day  of  the  fourth  month  called  June 
1639,  all  the  free  planters  assembled  together  in  a 
general  meeting*  to  consult  about  settling  civil  govern- 
ment according  to  God,  and  about  the  nomination  of 
persons  that  might  be  found  by  consent  of  all  fittest 
in  all  respects  for  the  foundation  work  of  a  church 
which  was  intended  to  be  gathered  in  Quinipieck.  After 
solemn  invocation  of  the  name  of  God  in  prayer  for 
the  presence  and  help  of  his  spirit,  and  grace  in  those 
weighty  businesses,  they  were  reminded  of  the  busi- 
ness whereabout  they  met,  viz.,  for  the  establishment 
of  such  civil  order  as  might  be  most  pleasing  unto 
God,  and  for  the  choosing  the  fittest  men  for  the 
foundation  work  of  a  church  to  be  gathered.  For 
the  better  enabling  them  to  discern  the  mind  of  God, 
and  to  agree  accordingly  concerning  the  establishment 
of  civil  order,  Mr.  John  Davenport  propounded 

*  "This  meeting  took  place  according  to  tradition,  in  a  largo 
barn  belonging  to  Mr.  Newman.  Dr.  Bacon,  Hist.  Disc.  20,  has 
Ehown  that  it  was  most  probably  Robert  Newman's,  and  pointed 
out  its  location  as  being  near  Temple  St.,  between  Elm  and  GroTe 
Btreets." — Hoadly's  N.  H.  Col.  Records,  i.  11,  note. 

1G1 


162        FUNDAMENTAL  AGREEMENT, 

divers  queries  to  them,  publicly  praying  them  to  con- 
sider seriously  in  the  presence  and  fear  of  God  the 
weight  of  the  business  they  met  about,  and  not  to  be 
rash  or  slight  in  giving  their  votes  to  things  they 
understood  not,  but  to  digest  fully  and  thoroughly 
what  should  be  propounded  to  them,  and  without 
respect  to  men,  as  they  should  be  satisfied  and  per- 
suaded in  their  own  minds,  to  give  their  answers  in 
such  sort  as  they  would  be  willing  they  should  stand 
upon  record  for  posterity. 

This  being  earnestly  pressed  by  Mr.  Davenport, 
Mr.  Kobt.  Newman  was  entreated  to  write  in  charac- 
ters and  to  read  distinctly  and  audibly  in  the  hearing 
of  all  the  people  what  was  propounded  and  accorded 
on,  that  it  might  appear  that  all  consented  to  matters 
propounded  according  to  words  written  by  him. 

Queer.  1.  "Whether  the  Scriptures  do  hold  forth  a 
perfect  rule  for  the  direction  and  government  of  all 
men,  in  all  duties  which  they  are  to  perform  to  God 
and  men,  as  well  in  the  government  of  families  and 
commonwealths  as  in  matters  of  the  church. 

This  was  assented  unto  by  all,  no  man  dissenting, 
as  was  expressed  by  holding  up  of  hands.  Afterward 
it  was  read  over  to  them  that  they  might  see  in  what 
words  their  vote  was  expressed  :  They  again  expressed 
their  consent  thereto  by  holding  up  their  hands,  no 
man  dissenting. 

Queer.  2.  Whereas  there  was  a  covenant  solemnly 
made  by  the  whole  assembly  of  freeplanters  of  this 
plantation  the  first  day  of  extraordinary  humiliation 
which  we  had  after  we  came  together,  that  as  in  matters 
that  concern  the  gathering  and  ordering  of  a  church, 
so  likewise  in  all  public  offices  which  concern  civil 


NEW  HAVEN,  1639.  163 

order,  as  choice  of  magistrates  and  officers,  making 
and  repealing  of  laws,  dividing  allotments  of  inher- 
itance, and  all  things  of  like  nature,  we  would  all  of  us 
be  ordered  by  those  rules  which  the  Scripture  holds 
forth  to  us.  This  covenant  was  called  a  plantation 
covenant  to  distinguish  it  from  a  church  covenant 
which  could  not  at  that  time  be  made,  a  church  not 
being  then  gathered,  but  was  deferred  till  a  church 
might  be  gathered  according  to  God :  It  was  demand- 
ed whether  all  the  free  planters  do  hold  themselves 
bound  by  that  covenant  in  all  businesses  of  that  nature 
which  are  expressed  in  the  covenant,  to  submit  them- 
selves to  be  ordered  by  the  rules  held  forth  in  the 
Scripture. 

This  also  was  assented  unto  by  all,  and  no  man 
gainsaid  it,  and  they  did  testify  the  same  by  holding 
up  their  hands  both  when  it  was  first  propounded,  and 
confirmed  the  same  by  holding  up  their  hands  when 
it  was  read  unto  them  in  public.  John  Clarke  being 
absent  when  the  covenant  was  made,  doth  now  man- 
ifest his  consent  to  it :  also  Richard  Beach,  Andrew 
Low,  Goodman  Banister,  Arthur  Ilalbidge,  John 
Potter,  Robert  Hill,  JolmBrockett  and  John  Johnson, 
these  persons  being  not  admitted  planters  when  the 
covenant  was  made,  do  now  express  their  consent 
to  it. 

Queer.  3.  Those  who  have  desired  to  be  received  as 
free  planters,  and  are  settled  in  the  plantation  with  a 
purpose,  resolution  and  desire  that  they  may  be  admit- 
ted into  church  fellowship  according  to  Christ  as  soon 
as  God  shall  fit  them  thereunto,  were  desired  to  ex- 
press it  by  holding  up  of  hands :  Accordingly  all  did 
express  this  to  be  their  desire  and  purpose  by  holding 
up  their  hands  twice,  viz.,  both  at  the  proposal  of  it, 


1(54:  FUNDAMENTAL  AGREEMENT, 

and  after  when  these  written  words  were  read  unto 
them. 

Queer.  4.  All  the  free  planters  were  called  upon  to 
express  whether  they  held  themselves  bound  to  estab- 
lish such  civil  order  as  might  best  conduce  to  the 
securing  of  the  purity  and  peace  of  the  ordinances  to 
themselves  and  their  posterity  according  to  God.  In 
answer  hereunto  they  expressed,  by  holding  up  their 
hands  twice  as  before,  that  they  held  themselves 
bound  to  establish  such  civil  order  as  might  best  con- 
duce to  the  ends  aforesaid. 

Then  Mr.  Davenport  declared  unto  them  by  the 
Scripture  what  kind  of  persons  might  best  be  trusted 
with  matters  of  government,  and  by  sundry  argu- 
ments from  Scripture  proved  that  such  men  as  were 
described  in  Exodus,  xviii.  2,  Deuteronomy,  i.  13,  with 
Deuteronomy,  xvii.  15,  and  1  Corinthians,  vi.  1  to  7, 
ought  to  be  intrusted  by  them,  seeing  they  were  free 
to  cast  themselves  into  that  mould  and  form  of 
commonwealth  which  appeareth  best  for  them,  in 
reference  to  the  securing  of  the  pure  and  peaceable 
enjoyment  of  all  Christ  his  ordinances  in  the  church 
according  to  God,  whereunto  they  have  bound  them- 
selves as  hath  been  acknowledged.  Having  thus  said, 
he  sat  down,  praying  the  company  freely  to  consider, 
whether  they  would  have  it  voted  at  this  time  or  not. 
After  some  space  of  silence  Mr.  Theophilus  Eaton 
answered  it  might  be  voted,  and  some  others  also 
spoke  to  the  same  purpose,  none  at  all  opposing  it. 
Then  it  was  propounded  to  vote. 

Queer.  5.  "Whether  free  burgesses  shall  be  chosen 
out  of  church  members,  they  that  are  in  the  founda- 
tion work  of  the  church  being  actually  free  burgesses, 
and  to  choose  to  themselves  out  of  the  like  estate  of 


NEW  HAVEN,  1G39.  165 

church  fellowship  ;  and  the  power  of  choosing  magis- 
trates and  officers  from  among  themselves,  and  the 
power  of  making  and  repealing  laws  according  to  the 
word,  and  the  dividing  of  inheritances  and  deciding 
of  differences  that  may  arise,  and  all  the  businesses  of 
like  nature  are  to  be  transacted  by  those  free  burgesses. 
This  was  put  to  vote  and  agreed  unto  by  the  lifting 
up  of  hands  twice  as  in  the  former  it  was  done. 
Then  one  man  stood  up  after  the  vote  was  past,  and 
expressing  his  dissenting  from  the  rest  in  part,  yet 
granting,  First,  that  magistrates  should  be  men  fear- 
ing God  ;  Second,  that  the  church  is  the  company 
whence  ordinarily  such  men  may  be  expected ;  Third, 
that  they  that  choose  them  ought  to  be  men  fearing 
God :  only  at  this  he  stuck,  that  free  planters  ought 
not  to  give  this  power  out  of  their  hands.  Another 
stood  up  and  answered  that  in  this  case  nothing  was 
done  but  with  their  consent.  The  former  answered 
that  all  the  free  planters  ought  to  resume  this  power 
into  their  own  hands  again  if  things  were  not  orderly 
carried.  Mr.  Theophilus  Eaton  answered  that  in  all 
places  they  choose  committees ;  in  like  manner  the 
companies  of  London  choose  the  liveries  by  whom 
the  public  magistrates  are  chosen.  In  this  the  rest 
are  not  wronged,  because  they  expect  in  time  to  be  of 
the  livery  themselves,  and  to  have  the  same  power. 
Some  others  entreated  the  former  to  give  his  argu- 
ments and  reasons  whereupon  he  dissented.  He 
refused  to  do  it  and  said  they  might  not  rationally 
demand  it,  seeing  he  let  the  vote  pass  on  freely  and 
did  not  speak  till  after  it  was  past,  because  he  would 
not  hinder  what  they  agreed  upon.  Then  Mr.  Dav- 
enport, after  a  short  relation  of  some  former  passages 
between  them  two  about  this  question,  prayed  the 


166        FUNDAMENTAL  AGREEMENT, 

company  that  nothing  might  be  concluded  by  them 
in  this  weighty  question  but  what  themselves  were 
persuaded  to  be  agreeing  with  the  mind  of  God ;  and 
they  had  heard  what  had  been  said  since  the  voting ; 
entreated  them  again  to  consider  of  it,  and  put  it 
again  to  vote  as  before.  Again  all  of  them  by  hold- 
ing up  their  hands  did  shew  their  consent  as  before, 
and  some  of  them  professed  that  whereas  they  did 
waver  before  they  came  to  the  assembly,  they  were 
now  fully  convinced  that  it  is  the  mind  of  God.  One 
of  them  said  that  in  the  morning,  before  he  came, 
reading  Deuteronomy,  xvii.  15,  he  was  convinced  at 
home ;  another  said  that  he  came  doubting  to  the  assem- 
bly, but  he  blessed  God  by  what  had  been  said  he  was 
now  fully  satisfied  that  the  choice  of  burgesses  out  of 
church  members,  and  to  intrust  those  with  the  power 
before  spoken  of,  is  according  to  the  mind  of  God 
revealed  in  the  Scriptures.  All  having  spoken  their ' 
apprehensions,  it  was  agreed  upon,  and  Mr.  Robert 
Newman  was  desired  to  write  it  as  an  order  whereunto 
every  one  that  hereafter  should  be  admitted  here  as 
planters  should  submit  and  testify  the  same  by  sub- 
scribing their  names  to  the  order,  namely,  that  church 
members  only  shall  be  free  burgesses,  and  that  they 
only  shall  choose  magistrates  and  officers  among  them- 
selves, to  have  the  power  of  transacting  all  the  public 
civil  affairs  of  this  plantation,  of  making  and  repeal- 
ing laws,  dividing  of  inheritances,  deciding  of  differ- 
ences that  may  arise,  and  doing  all  things  or  businesses 
of  like  nature. 

This  being  thus  settled  as  a  fundamental  agreement 
concerning  civil  government,  Mr.  Davenport  pro- 
ceeded to  propound  some  things  to  consideration 
about  the  gathering  of  a  church.  And  to  prevent  the 


NEW  IIAVEN,  1639.  167 

blemishing  of  the  first  beginnings  of  the  church  work, 
Mr.  Davenport  advised  that  the  names  of  such  as  were 
to  be  admitted  might  be  publicly  propounded,  to  the 
end  that  they  who  were  most  approved  might  be  cho- 
sen, for  the  town  being  cast  into  several  private  meet- 
ings wherein  they  that  dwelt  nearest  together  gave 
their  accounts  one  to  another  of  God's  gracious  work 
upon  them,  and  prayed  together  and  conferred  to  their 
mutual  edification,  sundry  of  them  had  knowledge  one 
of  another,  and  in  every  meeting  some  one  was  more 
approved  of  all  than  any  other;  for  this  reason,  and  to 
prevent  scandals,  the  whole  company  was  entreated  to 
consider  whom  they  found  fittest  to  nominate  for  this 
work. 

Qumr.  6.  Whether  are  you  all  willing  and  do  agree 
in  this,  that  twelve  men  be  chosen  that  their  fitness  for 
the  foundation  work  may  be  tried,  however  there  may 
be  more  named,  yet  it  may  be  in  their  power  who  are 
chosen  to  reduce  them  to  twelve,  and  it  be  in  the  pow- 
er of  those  twelve  to  choose  out  of  themselves  seven 
that  shall  be  most  approved  of  the  major  part  to  begin 
the  church. 

This  was  agreed  upon  by  consent  of  all,  as  was  ex- 
pressed by  holding  up  of  hands,  and  that  so  many  as 
should  be  thought  fit  for  the  foundation  work  of  the 
church  shall  be  propounded  by  the  plantation,  and  writ- 
ten down  and  pass  without  exception  unless  they  had 
given  public  scandal  or  offence,  yet  so  as  in  case  of 
public  scandal  or  offence,  every  one  should  have  lib- 
erty to  propound  their  exception  at  that  time  publicly 
against  any  man  that  should  be  nominated,  when  all 
their  names  should  be  writ  down,  but  if  the  offence 
were  private,  that  men's  names  might  be  tendered,  so 
many  as  were  offended  were  entreated  to  deal  with  the 


168       FUNDAMENTAL  AGREEMENT, 

offender  privately,  and  if  lie  gave  not  satisfaction,  to 
bring  the  matter  to  the  twelve  that  they  might  con- 
sider of  it  impartially  and  in  the  fear  of  God.  The 
names  of  the  persons  nominated  and  agreed  upon  were 
Mr.  Theophilus  Eaton,  Mr.  John  Davenport,  Mr. 
Kobert  Newman,  Mr.  Matthew  Gilbert,  Mr.  Richard 
Malbon,  Mr.  Nathaniel  Turner,  Ezekiel  Chevers, 
Thomas  Fugill,  John  Ponderson,  "William  Andrewes, 
and  Jeremiah  Dixon.  No  exception  was  brought 
against  any  of  those  in  public,  except  one  about  taking 
an  excessive  rate  for  meal  which  he  sold  to  one  of  Pe- 
quanack  in  his  need,  which  he  confessed  with  grief  and 
declared  that  having  been  smitten  in  heart  and  troub- 
led in  his  conscience,  he  restored  such  a  part  of  the 
price  back  again  with  confession  of  his  sin  to  the  party, 
as  he  thought  himself  bound  to  do.  And  it  being 
feared  that  the  report  of  the  sin  was  heard  farther  than 
the  report  of  his  satisfaction,  a  course  was  concluded 
on  to  make  the  satisfaction  known  to  as  many  as  heard 
of  the  sin.  It  was  also  agreed  upon  at  the  said  meet- 
ing that  if  the  persons  above  named  did  find  themselves 
straitened  in  the  number  of  fit  men  for  the  seven, 
that  it  should  be  free  for  them  to  take  into  trial  of  fitness 
such  other  as  they  should  think  meet,  provided  that  it 
should  be  signified  to  the  town  upon  the  Lord's  day 
who  they  so  take  in,  that  every  man  may  be  satisfied 
of  them  according  to  the  course  formerly  taken. 

Whereas  there  was  a  fundamental  agreement  made 
in  a  general  meeting  of  all  the  free  planters  of  this 
town,  on  the  fourth  of  the  fourth  month  called  June, 
namely,  that  church  members  only  shall  be  free  bur- 
gesses, and  they  only  shall  choose  among  themselves 
magistrates  and  officers  to  have  the  power  of  transact- 
ing all  public  civil  affairs  of  this  plantation,  of  making 


NEW  HAVEN,  1639.  1C9 

and  repealing  laws,  dividing  inheritances,  deciding  of 
differences  that  may  arise,  and  doing  all  things  and 
businesses  of  like  nature.  It  was  therefore  ordered  by 
all  the  said  free  planters  that  all  those  that  hereafter 
should  be  received  as  planters  into  this  plantation 
should  also  submit  to  the  said  fundamental  agreement, 
and  testify  the  same  by  subscribing  their  names  under 
the  names  of  the  aforesaid  planters  as  followeth : — 
Mr.  Theoph.  Eaton,  Mr.  Natli.  Turner, 

Mr.  John  Davenport,  Mr.  Richard  Malbon, 

Mr.  Samuel  Eaton,  Mr.  Browninge, 

Mr.  Robert  Newman,  [and  the  others.] 

Mr.  Matthew  Gilbert, 


A  GENERAL  COURT   HELD   AT  NEWHAVEN   THE   23D 
OF  OCTOBER,  1643. 

Whereas  this  plantation  at  first  with  general  and  full 
consent  laid  their  foundations  that  none  but  members 
of  approved  churches  should  be  accounted  free  bur- 
gesses, nor  should  any  else  have  any  vote  in  any  elec- 
tion, or  power,  or  trust  in  ordering  of  civil  affairs,  in 
which  way  we  have  constantly  proceeded  hitherto  in 
our  whole  court,  with  much  comfortable  fruit  through 
God's  blessing:  And  whereas  Stamforde,  Guilforde, 
Yennicock,  have  upon  the  same  foundations  and  en- 
gagements entered  into  combination  with  us,  this 
court  was  now  informed,  that  of  late  there  have  been 
some  meetings  and  treaties  between  some  of  Milforde 
and  Mr.  Eaton,  about  a  combination,  by  which  it 
appeareth,  that  Milforde  hath  formerly  taken  in  as  free 
burgesses,  six  planters  who  are  not  in  church  fellow- 
ship, which  hath  bred  some  difficulty  in  the  passages 
8 


170  FUNDAMENTAL  AGREEMENT, 

of  this  treaty,  but,  at  present,  it  stands  thus:  the  depu- 
ties for  Milforde  have  offered,  in  the  name  both  of  the 
church  and  town,  First,  that  the  present  six  free  bur- 
gesses who  are  not  church  members,  shall  not  at  any 
time  hereafter  be  chosen,  either  deputies,  or  into  any 
public  trust  for  the  combination.  Secondly,  that  they 
shall  neither  personally,  nor  by  proxy,  vote  at  any 
time  in  the  election  of  magistrates.  And,  thirdly,  that 
none  shall  be  admitted  freemen  or  free  burgesses 
hereafter  at  Milforde,  but  church  members,  according 
to  the  practice  of  Newhaven.  Thus  far  they  granted, 
but  in  two  particulars  they  -and  their  said  six  freemen 
desire  liberty,  first  that  the  said  six  freemen  being  al- 
ready admitted  by  them,  may  continue  to  act  in  all 
proper  particular  town  business  wherein  the  combina- 
tion is  not  interested.  And,  secondly,  that  they  may 
vote  in  the  election  of  deputies  to  be  sent  to  the  gen- 
eral courts  for  the  combination  or  jurisdiction,  which 
deputies  so  to  be  chosen  and  sent,  shall  always  be 
church  members. 

The  premises  being  seriously  considered  by  the 
whole  court,  the  brethren  did  express  themselves  as 
one  man,  clearly  and  fully,  that  in  the  foundations 
laid  for  civil  government  they  have  attended  their 
light,  and  should  have  failed  in  their  duty  had  they 
done  otherwise,  and  professed  themselves  careful  and 
resolved  not  to  shake  the  said  groundworks  by  any 
change  for  any  respect,  and  ordered,  that  this  their 
understanding  of  their  way,  and  resolution  to  main- 
tain it,  should  be  entered  with  their  vote  in  this  bus- 
iness, as  a  lasting  record.  But  not  foreseeing  any 
danger  in  yielding  to  Milforde  with  the  before-men- 
tioned cautions,  it  was,  by  general  consent  and  vote, 


NEW  HA  YEN  COL ONTt  1643.  (.71 

ordered  that  the  consociation  proceed  in  all  things 
according  to  the  premises. 


A  GENERAL   COURT  HELD  AT  NEWHAVEN  FOB  THE 
JURISDICTION,  THE  27th  OF  OCTOBER,  1643. 

Present : 
Magistrates.  .  Deputies. 

Tlieoph.  Eaton,  Gov.,  Geo.  Lamberton,  Newhaven. 

Steph.  Goodyear, Dep.  John  Astwood  )  -..-.,,.     , 

Thomas  Gregson,         John   Shirman  j 

William  Fowler.          Will  Leete  )  n    -ir    j 

T7  •,       A  m  -r,-  i         i   \  Guilforde. 

Edward  lapp,  Sam.  Disbrough  ) 

R.  Gildersleeve  {  ^ ,      ,.     , 
John  Whitmore  ) 

It  was  agreed  and  concluded  as  a  fundamental  order 
not  to  be  disputed  or  questioned  hereafter,  that  none 
shall  be  admitted  to  be  free  burgesses  in  any  of  the 
plantations  within  this  jurisdiction  for  the  future, 
but  such  planters  as  are  members  of  some  or  other  of 
the  approved  churches  in  New  England,  nor  shall 
any  but  such  free  burgesses  have  any  vote  in  any 
election,  (the  six  present  freemen  at  Milforde  enjoy- 
ing the  liberty  with  the  cautions  agreed,)  nor  shall 
any  power  or  trust  in  the  ordering  of  any  civil  affairs 
be  at  any  time  put  into  the  hands  of  any  other  than 
such  church  members,  though  as  free  planters,  jul 
have  right  to  their  inheritance  and  to  commerce, 
according  to  such  grants,  orders  and  laws  as  shall  be 
made  concerning  the  same. 

2.  All  such  free  burgesses  shall  have  power  in  each 
town  or  plantation  within  this  jurisdiction  to  choose 
fit  and  able  men,  from  amongst  themselves,  being 


172       FUNDAMENTAL  AGREEMENT, 

church  members  as  before,  to  be  the  ordinary  judges, 
to  hear  and  determine  all  inferior  causes,  whether 
civil  or  criminal,  provided  that  no  civil  cause  to  be 
tried  in  any  of  these  plantation  courts  in  value  exceed 
twenty  pounds,  and  that  the  punishment  in  such 
criminals,  according  to  the  mind  of  God,  revealed  in 
his  word,  touching  such  offences,  do  not  exceed  stock- 
ing and  whipping,  or  if  the  fine  be  pecuniary,  that  it 
exceed  not  five  poun.ds.  In  which  court  the  magis- 
trate or  magistrates,  if  any  be  chosen  by  the  free 
burgesses  of  the  jurisdiction  for  that  plantation,  shall 
sit  and  assist  with  due  respect  to  their  place,  and 
sentence  shall  pass  according  to  the  vote  of  the  major 
part  of  each  such  court,  only  if  the  parties,  or  any  of 
them,  be  not  satisfied  with  the  justice  of  such  sentences 
or  executions,  appeals  or  complaints  may  be  made 
from  and  against  these  courts  to  the  court  of 
magistrates  for  the  whole  jurisdiction. 

3.  All  such  free  burgesses  through  the  whole  juris- 
diction, shall  have  vote  in  the  election  of  all  magis- 
trates, whether  Governor,  Deputy  Governor,  or  other 
magistrates,  with  a  Treasurer,  a  Secretary,  and  a  Mar- 
shal, etc.  for  the  jurisdiction.  And  for  the  ease  of 
those  free  burgesses,  especially  in  the  more  remote 
plantations,  they  may  by  proxy  vote  in  these  electionSj 
though  absent,  their  votes  being  sealed  up  in  the 
presence  of  the  free  burgesses  themselves,  that  their 
several  liberties  may  be  preserved,  and  their  votes 
directed  according  to  their  own  particular  light,  and 
these  free  burgesses  may,  at  every  election,  choose  so 
many  magistrates  for  each  plantation,  as  the  weight 
of  affairs  may  require,  and  as  they  shall  find  fit  men 
for  that  trust.  But  it  is  provided  and  agreed,  that 
no  plantation  shall  at  any  election  be  left  destitute  of 


NEW  HAVEN  COLONY,  1643.  173 

a  magistrate  if  they  desire  one  to  be  chosen  out  of 
those  in  church  fellowship  with  them. 

4.  All  the  magistrates  for  the  whole  jurisdiction 
shall  meet  twice  a  year  at  Newhaven,  namely,  the 
Monday  immediately  before  the  sitting  of  the  two 
fixed  general  courts  hereafter  mentioned,  to  keep  a 
court  called  the  court  of  magistrates,  for  the  trial  of 
weighty  and  capital  cases,  whether  civil  or  criminal, 
above  those  limited  to  the  ordinary  judges  in  the 
particular  plantations,  and  to  receive  and  try  all 
appeals  brought  unto  them  from  the  aforesaid  planta- 
tion courts,  and  to  call  all  the  inhabitants,  whether  free 
burgesses,  free  planters  or  others,  to  account  for  the 
breach  of  any  laws  established,  and  for  other  mis- 
demeanors, and  to  censure  them  according  to  the 
quality  of  the  offence,  in  which  meetings  of  magistrates, 
less  than  four  shall  not  be  accounted  a  court,  nor  shall 
they  carry  on  any  business  as  a  court;  but  it  is 
expected  and  required,  that  all  the  magistrates  in  this 
jurisdiction  do  constantly  attend  the  public  service  at 
the  times  before  mentioned,  and  if  any  of  them  be 
absent  at  one  of  the  clock  in  the  afternoon  on  Monday 
aforesaid  when  the  court  shall  sit,  or  if  any  of  them 
depart  the  town  without  leave,  while  the  court  sits, 
he  or  they  shall  pay  for  any  such  default,  twenty  shil- 
lings fine,  unless  some  providence  of  God  occasion 
the  same,  which  the  court  of  magistrates  shall  judge 
of  from  time  to  time;  and  all  sentences  in  this  court 
shall  pass  by  the  vote  of  the  major  part  of  magistrates 
therein,  but  from  this  court  of  magistrates,  appeals 
and  complaints  may  be  made  and  brought  to  the 
general  court  as  the  last  and  highest  for  this  jurisdic- 
tion; but  in  all  appeals  or  complaints  from,  or  to, 
what  court  soever,  due  costs  and  damages  shall  be 


174:  FUNDAMENTAL  AGREEMENT, 

paid  by  him  or  them  that  make  appeal  or  complaint 
without  just  cause. 

5.  Besides  the  plantation  courts  and  court  of  mag- 
istrates, there  shall  be  a  general  court  for  the  juris- 
diction, which  shall  consist  of  the  Governor,  Deputy 
Governor  and  all  the  Magistrates  within  the  jurisdic- 
tion, and  two  Deputies  for  every  plantation  in  the 
jurisdiction,  which  deputies  shall  from  time  to  time 
be  chosen  against  the  approach  of  any  such  general 
court,  by  the  aforesaid  free  burgesses,  and  sent  with 
due  certificate  to  assist  in  the  same,  all  which,  both 
Governor  and  Deputy  Governor,  Magistrates  and 
Deputies,  shall  have  their  vote  in  the  said  court.  This 
general  court  shall  always  sit  at  Newhaven  (unless 
upon  weighty  occasions  the  general  court  see  cause 
for  a  time  to  sit  elsewhere),  and  shall  assemble  twice 
every  year,  namely,  the  first  Wednesday  in  April, 
and  the  last  "Wednesday  in  October,  in  the  later  of 
which  courts,  the  Governor,  the  Deputy  Governor, 
and  all  the  magistrates  for  the  whole  jurisdiction,  with 
a  Treasurer,  a  Secretary,  and  Marshal,  shall  yearly  be 
chosen  by  all  the  free  burgesses  before  mentioned : 
besides  which  two  fixed  courts,  the  'Governor,  or  in 
his  absence,  the  Deputy  Governor,  shall  have  power 
to  summon  a  general  court  at  any  other  time,  as  the 
urgent  and  extraordinary  occasions  of  the  jurisdiction 
may  require,  and  at  all  general  courts,  whether  ordi- 
nary or  extraordinary,  the  governor  and  deputy 
governor,  and  all  the  rest  of  the  magistrates  for  the 
jurisdiction,  with  the  deputies  for  the  several  planta- 
tions, shall  sit  together,  till  the  affairs  of  the  jurisdic- 
tion be  dispatched  or  may  safely  be  respited,  and  if 
any  of  the  said  magistrates  or  deputies  shall  either  be 
absent  at  the  first  sitting  of  the  said  general  court, 


NEVf  HAVEN  COL ONY,  1043.  175 

(unless  some  providence  of  God  hinder,  which  the  said 
court  shall  judge  of,)  or  depart,  or  absent  themselves 
disorderly  before  the  court  be  finished,  he  or  they  shall 
each  of  them  pay  twenty  shillings  fine,  with  due  con- 
siderations of  further  aggravations  if  there  shall  be 
cavrse ;  which  general  court  shall,  with  all  care  and  dili- 
gence provide  for  the  maintenance  of  the  purity  of 
religion,  and  shall  suppress  the  contrary,  according  to 
their  best  light  from  the  word  of  God,  and  all  whole- 
some and  sound  advice  which  shall  be  given  by  the 
elders  and  churches  in  the  jurisdiction,  so  far  as  may 
concern  their  civil  power  to  deal  therein. 

Secondly,  they  shall  have  power  to  make  and  re- 
peal laws,  and,  while  they  are  in  force,  to  require  exe- 
cution of  them  in  all  the  several  plantations. 

Thirdly,  to  impose  an  oath  upon  all  the  magistrates, 
for  the  faithful  discharge  of  the  trust  committed  to 
them,  according  to  their  best  abilities,  and  to  call  them 
to  account  for  the  breach  of  any  laws  established,  or 
for  other  misdemeanors,  and  to  censure  them,  as  the 
quality  of  the  offence  shall  require. 

Fourthly,  to  impose  an  oath  of  fidelity  and  due 
subjection  to  the  laws  upon  all  the  free  burgesses,  free 
planters,  and  other  inhabitants  within  the  whole  juris- 
diction. 

Fifthly,  to  settle  and  levy  rates  and  contributions 
upon  all  the  several  plantations,  for  the  public  service 
of  the  jurisdiction. 

Sixthly,  to  hear  and  determine  all  causes,  whether 
civil  or  criminal,  which  by  appeal  or  complaint  shall 
be  orderly  brought  unto  them  from  any  of  the  other 
courts,  or  from  any  of  the  other  plantations,  In  all 
which,  with  whatsoever  else  shall  fall  within  their 
cognizance  or  judicature,  they  shall  proceed  according 


176  FUNDAMENTAL  AGREEMENT, 

to  the  Scriptures,  which  is  the  rule  of  all  righteous 
laws  and  sentences,  and  nothing  shall  pass  as  an 
act  of  the  general  court  but  by  the  consent  of 
the  major  part  of  magistrates,  and  the  greater  part 
of  deputies. 

These  generals  being  thus  laid  and  settled,  though 
with  purpose  that  the  circumstantials,  such  as  the  val- 
ue of  causes  to  be  tried  in  the  plantation  courts,  the 
ordinary  and  fixed  times  of  meetings,  both  for  the 
general  courts,  and  courts  of  magistrates,  how  oft  and 
when  they  shall  sit,  with  the  fines  for  absence  or  de- 
fault, be  hereafter  considered  of,  continued  or  altered, 
as  may  beet  and  most  advance  the  course  of  justice, 
and  best  suit  the  occasions  of  the  plantations,  the 
court  proceeded  to  present  particular  business  of  the 
jurisdiction. 


New-Haven's 

SETTLING  JN 

NEW-ENGLAND, 

AND  SOME 

LAWES 

FOK 


Publifhed    for    the    Ufe    of    that    Colony. 


Though   fome    of    the    Orders    intended   for 

prefent    convenience,    may    probably 

be   hereafter   altered,  and   as 

need  requireth  other 

Lawes   added. 


LONDON: 

Printed  by  M.  S.  for  Livewell  Chapman,  at  the 

Crowne  in  Popef-head- Alley. 

1656. 


VI. 

NEW  HAVEN'S  SETTLING  IN  NEW  ENGLAND, 
AND  SOME   LAWS  FOR  GOVERNMENT,  &c. 

It  hath  pleased  the  only  wise,  and  all-sufficient  God, 
who  ruleth  all  the  world,  determines  times,  and  sets 
the  bounds  of  all  men's  habitations,  but  is  the  rich,  and 
precious  portion  of  them  that  fear  and  trust  in  him, 
at  sundry  times,  and  upon  weighty  occasions,  to  bring 
several  companies  of  his  people,  over  the  great  deeps, 
into  this  part  of  America,  called  New  England,  a 
place  far  remote  from  their  dear  Native  Country,  and 
hath  here  planted,  protected,  and  graciously  provided 
for  them. 

The  first  adventurers  (  before  they  had  conveniency 
for  travel,  and  opportunity  to  consider,  and  compare 
one  place  with  another)  sat  down  at  Ply  mouth,  and 
have  had  much  experience  of  God's  goodness  and  com- 
passion in  a  wilderness,  now  betwixt  thirty  and  forty 
years. 

In  some  years  after,  the  Lord  bringing  over  more  of 
his  people,  they  planted  in,  and  about  the  Massachu- 
setts Bay,  and  grew  a  large  colony,  and  after  them  the 
English  in  Connecticut  and  New  Haven,  for  the  con- 
veniency of  the  sea,  and  rivers,  planted  more  westerly. 
And  for  a  while  continued,  though  united  in  nation,  re- 
ligion, and  affection,  yet  otherwise  several  and  distinct 
jurisdictions,  free  from  any  express  engagement  one  to 
another.  In  this  time  the  enemy  slept  not,  but  was  at 

179 


180  LAWS  OF 

work,  to  disturb  the  peace  of  the  English,  both  in  sow- 
ing tares  within,  among  themselves,  and  stirring  up  the 
Indians  from  abroad  against  them ;  but  He  that  is  won- 
derful in  counsel,  and  excellent  in  working,  overpow- 
ered Satan,  and  his  instruments,  and  gave  good  issues 
to  his  people,  in  those  their  uncomfortable  exercises. 

A  while  after,  upon  the  motion  of  the  Massachu- 
sets  colony,  a  treaty  was  begun,  and  in  process  of  time 
comfortably  finished ;  solemn  covenants  were  agreed, 
and  concluded  betwixt  the  said  jurisdictions,  in  the 
following  words. 

Articles  of  Confederation  betwixt  the  Plantations  un- 
der the  government  of  the  Massachusets,  the  Plan- 
tations under  the  government  of  Pliinouth,  the 
Plantations  under  the  government  of  Connectecut, 
and  the  government  of  New  Haven,  with  the  Plan- 
tations in  combination  therewith. 

[  The  articles  of  confederation  between  the  four  colonies,  adopted 
in  1643,  need  not  be  re-printed  here.  They  may  be  found  in  Haz- 
ard's Collection  of  State  Papers,  ii.  1-6 ;  Winthrop's  History  of  New- 
England  ii.  101 ;  New  Haven  Col.  Records  (edited  by  Mr.  Hoadly) 
ii,  562-566  ;  and  elsewhere.] 

When  the  Plantations  within  this  Colony  first  treated 
to  be  one  Jurisdiction,  and  to  settle  themselves  un- 
der one  Government,  these  following  particulars 
were  solemnly  and  unanimously  approved  and  con- 
cluded as  a  fundamental  Agreement,  upon  which  the 
Combination  was  framed. 

That  none  shall  be  admitted  freemen,  or  free  bur- 
gesses within  this  jurisdiction,  or  any  part  of  it,  but 
such  planters  as  are  members  of  some  one,  or  other  of 
the  approved  churches  of  New  England ;  nor  shall  any 
but  such  be  chosen  to  magistracy,  or  to  carry  on  any 
part  of  civil  judicature,  or  as  deputies  or  assistants  to 


NE  W  HA  YEN  COL  ONY.  181 

have  power,  or  vote  in  establishing  lawes,  or  in  making 
or  repealing  orders,  or  to  any  chief  military  office,  or 
trust,  nor  shall  any  others,  but  such  church  members, 
have  any  vote  in  any  such  elections.  Though  all 
others  admitted  to  be  planters,  have  right  to  their 
proper  inheritances,  and  doe  and  shall  enjoy  all  other 
civil  liberties  and  priviledges,  according  to  all  lawes, 
orders,  or  grants,  which  are,  or  hereafter  shall  be  made 
for  this  colony.* 

That  all  such  freemen  of  this  jurisdiction,  shall 
yearly  without  any  summons,  upon  the  election  day, 
which  is  to  be  the  last  fourth  day  in  the  week,  com- 
monly called  Wednesday,  in  May  (till  by  the  generall 
court  some  other  time  be  ordered  and  published), 
either  in  person,  or  by  proxy,  attend  that  service : 
And  according  to  their  best  light  from  the  word  of 
God,  shall  vote  in  the  election  of  Governour,  Deputy 
Governour,  Magistrates,  Commissioners  for  the  United 
Colonyes,  Treasurer,  Secretary,  Marshall,  or  any  other 
officer,  then  chosen  for  the  jurisdiction.  And  for  the 
ease  of  the  said  freemen  (  especially  such  as  dwell  re- 
mote) it  is  agreed,  That  when  any  of  them  cannot 
conveniently  come,  they  may  send  their  votes,  either 
written,  or  in  some  other  way  sealed  up  in  the  pres- 
ence of  the  rest  of  the  freemen  in  the  plantation  where 
they  dwell,  or  the  greater  part  of  them.  And  f  urther, 
if  any  of  them  purposing  to  be  present  at  the  election, 
when  the  other  votes  were  sealed  up,  should  after  be 
hindred,  and  then  want  opportunity  to  scale  up  his 

*In  this  reprint,  the  marginal  references  to  texts  of  scripture 
which  authorize  the  several  articles  of  the  Agreement  and  the  pro- 
visions of  law,  are  omitted.  For  this  first  clause  (  restricting  to 
church-members  the  privileges  of  freemen)  the  texts  cited  are  : 
Deut.  i.  13  ;  Ex.  xviii.  21  ;  Deut.  xvii.  15;  Jer.  xxx.  21. 


182  LAWS  OF 

vote,  in  the  presence  of  the  major  part  of  the  free- 
men ;  in  such  case  he  may  seale  it  up  in  the  presence 
of  two  such  freemen  as  knew  he  sent  no  vote  before, 
and  (upon  their  testimony  or  certificate )  it  shall  be 
accepted,  that  so  the  liberty  of  the  freemen  may  be 
preserved,  they  may  have  means  to  attend  their 
duty,  and  their  votes  may  be  directed  according  to 
their  particular  light.  And  the  said  freemen  may  at 
the  election  court  yearly,  choose  so  many  magistrates 
for  the  jurisdiction  in  each  plantation,  as  the  weight 
of  affaires  shall  require,  and  as  they  shall  there  find  free- 
men fit  for  such  a  trust ;  provided  that  when  any  man 
of  what  plantation  soever,  shall  be  first  propounded 
for  magistracy  within  this  jurisdiction,  seasonable  no- 
tice shalbe  first  given  to  all  the  plantations,  of  such  a 
purpose,  or  desire,  that  all  the  freemen  may  duely 
consider  or  informe  themselves,  and  that  such  as  can- 
not be  present,  but  send  their  votes,  may  proceed  ac- 
cordingly, and  that  each  freeman  whether  present  or 
absent,  at  the  election,  may  the  better  improve  his 
liberty,  It  is  ordered,  that  he  may  give  or  send  his 
vote,  as  he  finds  cause,  either  in  the  affirmative,  by 
putting  in  an  Indian  corne,  or  in  the  negative,  by 
putting  in  a  beane,  or  in  such  other  manner,  as  the 
generall  court  shall  iudge  more  convenient. 

That  the  affaires  of  this  jurisdiction,  may  be  the  better 
carried  on,  and  that  the  inhabitants  may  know  whom 
to  obey,  and  from  whom  to  seek  redresse  of  inquiries, 
it  is  agreed,  that  there  be  severall  courts  for  severall 
purposes,  and  of  different  constitutions  and  power. 

First,  a  General  Court,  which  shall  consist  of  the 
Governor,  Deputy  Governor,  all  the  Magistrates,  and 
of  two  Deputies  for  each  Plantation  in  the  Jurisdic- 
tion (where  there  is  a  church  duely  gathered,  and 


NE  W  HA  YEN  COL  ONY.  183 

freemen  orderly  admitted),  which  deputies  shall  be 
chosen  either  yearly,  or  against  the  approach  of  any 
such  general!  court,  by  the  freemen  of  each  plantation, 
or  the  greater  number  of  them,  and  shall  be  sent  at 
each  generall  court  with  full  power  ( as  having  the  pow- 
er and  voyces  of  all  the  said  freemen  derived  to  them) 
to  consult  of,  and  determine,  all  such  matters,  as  con- 
cerne  the  publick  welfare  of  this  colony,  and  with  due 
certificate  thereof,  all  which  both  Governor,  Deputy 
Governor,  magistrates,  and  plantation  deputies  shall 
have  vote  in  the  eaid  court. 

This  generall  court  and  all  the  members  thereof,  shall 
from  time  to  time  ineete  and  sitt  at  Newhaven  (unlesse 
upon  weighty  cause,  the  major  part  of  the  court  see 
cause  for  a  time  to  alter  the  place ),  at  least  once  every 
yeare,  namely  the  last  fourth  day  in  the  weeke  com- 
monly called  Wednesday  in  May  ;  first  to  carry  on  the 
elections,  and  after  to  consider  and  order,  all  such 
other  affaires  of  the  jurisdiction,  as  fall  within  their 
cognizance,  trust,  and  power,  beside  which  fixed 
courts,  the  Governor,  or  in  his  absence,  the  Deputy 
Governor,  and  in  their  absence,  any  two  Magistrates  of 
this  jurisdiction,  shall  have  power  to  summon  a  gene- 
rall court,  at  any  other  time,  as  the  urgent  and  extraor- 
dinary occasions  of  the  jurisdiction,  or  any  part  there- 
of, may  require,  and  at  all  such  generall  courts,  wheth- 
er ordinary,  or  extraordinary,  the  Governor,  Deputy 
Governor,  Magistrates,  with  all  the  before-mentioned 
deputies,  shall  sitt  together  till  the  affaires  of  the  ju- 
risdiction be  dispatched,  or  may  (as  they  conceive )  be 
safely  respited  ;  And  if  any  of  the  said  magistrates,  or 
deputies,  shall  either  be  absent  at  the  first  sitting  of 
the  said  court,  or  without  leave  depart,  or  disorderly 
absent  him  or  themselves  from  the  service,  before  the 


184:  LAWS  OF 

court  be  finished  ( though  the  absence  of  a  lesse  part, 
either  of  magistrates,  or  deputies,  when  the  court  is 
either  fixed,  or  with  due  notice,  called  extraordinarily, 
shall  neither  stop  proceedings  nor  abate  the  force  of 
what  is  ordered,  by  the  major  part  both  of  magistrates, 
and  deputies,  yet )  he,  or  they,  shall  each  of  them  pay 
twenty  shillings  for  a  fine  to  the  jurisdiction,  for  such 
absence,  or  departure  ;  But  if  any  Plantation  send  no 
deputy,  or  if  the  absence,  or  departure,  be  mingled 
with  contempt,  or  willf  ull  neglect,  which  may  either 
hinder  the  publick  service,  or  prove  an  ill  example, 
the  fine  shall  be  increased,  as  the  court  upon  due 
consideration  of  the  offence,  with  the  agravations, 
shall  judge  meete,  or  if  the  absence  &c.  grow  by  any 
overruling  providence  of  God,  the  same  is  also  duely 
to  be  considered  by  the  court,  for  sparing  or  mitiga- 
ting the  fine. 

This  court  thus  framed,  shall  first  with  all  care,  and 
diligence  from  time  to  time  provide  for  the  mainten- 
ance of  the  purity  of  religion,  and  suppresse  the 
contrary,  according  to  their  best  light,  and  directions 
from  the  word  of  God. 

Secondly,  though  they  humbly  acknowledge,  that 
the  Supreame  power  of  making  lawes,  and  of  repealing 
them,  belongs  to  God  onely,  and  that  by  him  this 
power  is  given  to  Jesus  Christ  as  Mediator,  Matt,  xxviii. 
19,  John  v.  22 :  And  that  the  lawes  for  holinesse,  and 
righteousnesse,  are  already  made,  and  given  us  in  the 
Scriptures,  which  in  matters  morall,  or  of  morall 
equity,  may  not  be  altered  by  humane  power,  or 
authority ;  Moses  onely  shewed  Israel  the  lawes,  and 
statutes  of  God,  and  the  Sanedrim  the  highest  court, 
among  the  Jewes,  must  attend  those  lawes :  Yet 
civill  rulers,  and  courts,  and  this  Generall  Court  in 


NE  W  HA  YEN  COL  ONY.  185 

particular  (being  intrusted  by  the  freemen  as  before) 
arethe  ministers  of  God,  for  the  good  of  the  people ; 
And  have  power  to  declare,  publish,  and  establish, 
for  the  plantations  within  their  jurisdictions,  the  lawes 
he  hath  made,  and  to  make  and  repeale  orders  for 
smaller  matters,  not  particularly  determined  in  Scrip- 
ture, according  to  the  more  generall  rules  of  righteous- 
nesse,  and  while  they  stand  in  force,  to  require  due 
execution  of  them. 

Thirdly,  to  require  an  oath  from  all  the  magistrates, 
deputies,  or  assistents,  &c.,  in  every  court  of  judica- 
ture, for  the  faithfull  discharge  of  the  trust  committed 
to  them,  according  to  their  best  abilities.  And  to 
call  them  to  account  for  the  breach  of  any  lawes 
established,  or  for  other  misdemeanours  in  their  places, 
and  to  censure  them  as  the  quality  of  the  offence  may 
require ;  and  here  the  vote  to  passe  as  in  the  Law  of 
Appeals. 

Fourthly,  to  impose  an  oath  of  fidelity  and  due 
subjection  to  the  just  lawes  standing  in  force,  upon  all 
the  freemen,  planters,  and  inhabitants  fit  to  take  an 
oath,  with  due  penalty  for  obstinate  refusall,  after 
some  convenient  time  hath  been  given  for  due  con- 
sideration. 

Fifthly,  to  order  and  appoint  such  works  and  for- 
tifications as  they  conceive  may  tend  to  the  better 
defence  of  this  colony;  with  guns,  ammunition,  and 
all  other  provisions  and  furniture  suitable  thereunto : 
And  to  provide  that  the  same  be  kept  and  preserved 
in  a  condition  fit  for  present  service,  whether  against 
Indians,  or  other  enemies.  And  to  order  all  affairs 
of  war  and  peace,  levying  of  men,  &c.  with  due 
respect  to  the  former  articles  of  confederation. 

Sixthly,   to  order  and  regulate  trade,  both  with 


186  LAWS  OF 

Indians  and  others,  according  to  the  rules  of  right- 
eousness and  prudence,  for  the  publick  good ;  and 
to  settle  and  levy  rates,  contributions  and  impositions 
upon  all  sorts  of  persons,  lands  and  goods,  within 
this  jurisdiction,  as  the  publick  service,  and  occasions 
of  church  or  commonwealth  may  from  time  to  time 
require. 

Seventhly,  to  hear  and  determine  all  causes,  whether 
civil  or  crirninall,  which  by  appeal  or  complaint  shall 
be  orderly  brought  unto  them,  either  from  any  infe- 
riour  court,  or  from  any  of  the  plantations. 

In  all  which,  with  what  ever  else  falls  within  their 
cognizance,  trust  or  judicature  (as  the  highest  court 
within  this  jurisdiction)  they  shall  proceed  according 
to  Scripture  light,  and  lawes,  and  orders,  agreeing 
therewith.  And  nothing  shall  be  concluded,  and  passe 
as  an  act  of  the  general  court  (unlesse  in  cases  express- 
ly excepted)  but  by  the  consent  and  vote  of  the  major 
part  of  the  magistrates,  together  with  the  consent 
and  vote  of  the  greater  part  of  the  deputies. 

Secondly,  there  shall  be  a  court,  called  the  Court  of 
Magistrates.,  wherein  all  the  magistrates  for  the  juris- 
diction, shal  meete  and  sitt  at  New-haven,  at  least 
twice  a  year;  namely,  the  second  day  of  the  weeke, 
commonly  called  Munday,  before  the  court  of  elections 
in  the  third  month  called  May,  and  the  third  fourth 
day  in  the  weeke,  commonly  called  Wednesday,  in  the 
eight  month  called  October,  to  heare,  examine,  and 
determine,  all  weighty  and  capitall  causes  civill,  and 
criminall,  above  those  limited  to  plantation  courts, 
and  to  receive,  and  try  all  appeales  duely  brought  unto 
them,  from  plantation  courts,  and  to  call  all  the  inhab- 
itants, freemen,  planters,  and  others  to  account  for 
breach  of  any  lawes,  or  orders,  established,  or  for 


NE  W  HA  YEN  COL  ONT.  187 

other  misdemeanours,  and  to  censure  them,  as  the 
quality  of  the  offence  shall  require,  in  which  meetings 
of  the  magistrates,  lesse  than  foure  magistrates,  shall 
not  be  accounted  a  court,  nor  shall  they  carry  on  any 
buisnesse  as  a  court  of  magistrates.  But  it  is  expected, 
and  required,  that  all,  and  every  of  the  magistrates 
for  this  jurisdiction,  doe  constantly  attend  the  pub- 
lick  service;  at  every  court  of  magistrates,  whether 
fixed,  or  upon  speciall  occasion  duely  summoned, 
either  by  the  Governor,  or  in  his  absence,  by  the 
Deputy  Governor,  or  in  their  absence,  by  any  two 
magistrates  of  this  jurisdiction,  and  if  any  of  them 
(having  had  due  warning)  be  absent  at  the  first  sitting 
of  any  such  court,  or  after  without  leave  depart,  or 
disorderly  absent  himselfe  from  the  service,  before 
the  court  be  finished,  he,  or  they  shall  pay  for  every 
such  default,  twenty  shillings  fine  to  the  jurisdiction, 
or  more  as  the  case  may  require,  unlesse  some  prov- 
idence of  God  (whereof  the  court  of  magistrates 
shall  from  time  to  time  judge)  did  necessarily  cause  the 
same,  and  all  sentences  in  this  court,  shall  passe  by 
the  vote  of  the  major  part  of  the  magistrates  present, 
onely  the  Governor,  and  in  his  absence  the  Deputy 
Governor,  when  votes  in  other  respects  are  equall, 
shall  in  this  court,  and  when  they  or  either  of  them 
sitt  in  a  plantation  court,  have  a  casting  voyce,  but 
from  this  court,  appeales  and  complaints  may  be  made, 
and  brought  to  the  generall  court,  the  plaintiff  in  point 
of  security,  first  duely  attending  the  Law  of  Appeales. 
Thirdly,  beside  the  generall  court,  and  court  of  mag- 
istrates, for  the  ease  of  the  inhabitants,  there  shall  be 
Plantation  Courts,  to  heare  and  determine  inferiour 
causes,  which  courts  may  be  of  two  sorts,  namely, 
in  every  plantation  within  this  jurisdiction,  where 


188  LAWS  OF 

there  is  a  magistrate,  one,  or  more,  the  freemen  from 
among  themselves,  shall  choose  at  least  two  deputies, 
but  three  or  fower  if  they  see  cause,  to  assist  the 
magistrate,  or  magistrates,  and  in  such  courts  they 
may  try  any  civill  cause  betwixt  party  and  party,  in 
valew  not  exceeding  twenty  pounds,  and  any  criminall 
cause,  when  the  punishment  by  Scripture  light,  exceeds 
not  stocking,  and  whipping,  and  if  the  fine  be  pecuni- 
ary, when  the  fine  exceeds  not  five  pounds,  and  in  all 
such  courts,  the  sentance  shall  passe  according  to  the 
vote  of  the  major  part  of  the  court,  onely  when  votes 
in  their  number  are  equall,  the  casting  voyce  shall  be  in 
the  Governor,  or  Deputy  Governor,  or  magistrates  pres- 
ent. But  to  expedite  justice  with  as  little  inconvenience 
as  may  be  to  magistrates  more  remote,  it  is  agreed, 
and  ordered,  that  any  such  plantation  court,  calling 
in  two  other  magistrats,  from  any  other  neighbouring 
plantation,  or  plantations,  within  this  jurisdiction,  may 
try  any  civill  cause,  though  of  the  highest  valew, 
and  any  criminall  cause,  provided  it  be  not  capitall, 
extending  to  the  life  of  the  off'endor,  but  in  such 
plantations,  if  the  magistrate  upon  any  occasion  be 
absent,  the  deputies  alone  have  no  such  power  of 
judicature,  onely  to  prevent  inconveniences,  they  may 
order  the  marshall  to  stay  any  malefactor  or  suspitious 
person,  or  seize,  or  stop  the  estate  of  any  man,  or 
part  of  it,  upon  case  shewn,  when  the  case  will  not 
admit  delay,  till  the  magistrate  come  home,  provided 
that  sufficient  security  be  taken  of  him,  or  them, 
causing  such  stay  or  seizure,  to  pay  just  damages,  if 
the  proceedings  prove  unwarantable,  and  in  case  of 
remove,  or  death  of  such  magistrate,  the  deputies 
fall  in  with  other  plantations,  where  there  is  no 
magistrate,  till  further  order  be  taken,  and  in  such 


NE  W  HA  YEN  COL  ONY.  189 

plantations  deputies  being  chosen,  either  by  the  generall 
court,  or  with  their  allowance,  bj  the  freemen  from 
among  themselves,  they  may  keepe  courts  to  issue 
smaller  causes,  and  to  order  other  affaires,  in  all 
respects,  as  the  general  court  shall  from  time  to  time 
appoint  and  limit,  but  from  all  these  courts,  and  in  all 
tryals,  and  proceedings  in  them,  appeals  and  complaints 
may  be  brought  to  the  court  of  magistrates,  the 
plaintiff  putting  in  security,  according  to  the  Law  of 
Appeales. 

These  generalls  were  at  first  laid,  as  a  foundation 
for  government,  though  it  was  foreseene,  and  agreed, 
that  the  circumstantialls  therein,  such  as  the  ordinary, 
and  fixed  times  both  for  elections,  and  for  the  meet- 
ing of  the  generall  court,  and  court  of  magistrates,  how 
oft,  and  when  they  shall  sit,  the  fines  for  absence,  or 
disorderly  departing,  and  the  valew  of  causes  to  be  tryed 
in  plantation  courts,  with  other  particulars  in  their 
proceedings,  might  after  be  further  considered,  con- 
tinued or  altered,  as  may  best  suite  the  course  of 
justice,  and  the  conveniency  of  the  plantations. 

Certaine  Lawes,  Liberties,  and  Orders,  made,  granted, 
and  established,  at  severall  times,  by  the  Generall 
Court  of  New-haven  Colony,  for  and  to  the  Inhab- 
itants of  that  Jurisdiction,  now  collected,  and 
further  published,  for  the  use  of  such  as  are 
concerned  in  them,  wherein  they  have  made  use  of 

.  the  Lawes  published  by  the  Honourable  Colony  of 
the  Massachusets.* 

*Tlic  first  edition  of  the  "Laws  and  Liberties  "of  Massachusetts 
was  published,  by  authority,  in  1649.  No  copy  of  this  edition  is 
known  to  be  extant.  The  Massachusetts  "  Body  of  Liberties  "  was 
established  in  1641. 


190  LAWS  OF 

It  is  ordered  by  this  court,  and  the  authority  thereof, 
that  no  man's  life  shall  be  taken  away,  no  man's  hon- 
our, or  good  name,  shall  be  stained,  no  man's  person 
shall  be  imprisoned,  banished,  or  otherwise  punished, 
no  man  shall  be  deprived  of  his  wife,  or  children,  no 
man's  goods,  or  estate  shall  be  taken  from  him,  under 
colour  of  law,  or  countenance  of  authority,  unlesse  it 
be  by  vertue,  or  equity  of  some  expresse  law  of  this 
jurisdiction,  established  by  the  generall  court,  and 
sufficiently  published,  or  for  want  of  a  law  in  any  par- 
ticular case,  by  the  word  of  God,  either  in  the  court 
of  magistrates,  or  some  plantation  court,  according  to 
the  weight  and  valew  of  the  cause,  onely  all  capitall 
causes,  concerning  life  or  banishment  where  there  is 
no  expresse  law,  shall  be  judged  according  to  the  word 
and  law  of  God,  by  the  generall  court. 

That  no  man  shall  be  put  to  death,  for  any  offence, 
or  misdemeanour  in  any  case,  without  the  testimony 
of  two  witnesses  at  least,  or  that  which  is  equivalent 
thereunto;  provided,  and  to  prevent,  or  suppresse 
much  inconvenience  which  may  grow,  either  to 
the  public!?,  or  to  particular  persons,  by  a  mistake 
herein,  it  is  ordered,  and  declared,  by  the  authority 
aforesaid,  that  two,  or  three  single  witnesses,  being  of 
competent  age,  of  sound  understanding,  and  of  good 
reputation,  and  witnessing  to  the  case  in  question 
(whither  it  concerne  the  publick  peace,  and  welfare, 
or  any  one,  and  the  same  particular  person)  shall  be 
accounted  (the  party  concerned,  having  no  just  excep- 
tion against  them)  sufficient  proofe,  though  they  did 
not  together  see,  or  heare,  and  so  witnesse  to  the 
same  individuall,  and  particular  act,  in  reference  to 
those  circumstances  of  time,  and  place. 


NE  W  II A  YEN  COL  ONY.  191 

Actions. 

It  is  ordered  by  this  court  and  the  authority  thereof, 
that  every  person  impleading  another,  in  the  court 
of  magistrates,  or  in  any  plantation  court,  when  the 
debt  or  damage  he  demands,  or  the  action  he  layeth, 
is  above  twenty  pounds,  so  that  it  cannot  be  tryed  by 
a  plantation  court  unless  two  magistrates  of  some 
other  plantation,  be  called  in  to  assist,  he  shall  pay 
the  sum  of  ten  shillings,  before  his  case  be  entred,  or 
any  part  of  it  heard,  unlesse  the  court  see  cause  to 
admit  the  plaintiff  to  sue,  in  forma  pauperis.  But 
in  all  actions,  brought  to  any  court,  the  plaintiff  shall 
have  liberty  to  withdraw  his  action,  or  to  be  non- 
suited, before  sentence  passe,  in  which  case,  he  shall 
alwayes  pay  full  cost  and  charges  to  the  def e,ndent,  and 
may  after  renew  his  suite  at  another  court. 

Age. 

It  is  ordered,  &c.  that  the  age  for  passing  away  of 
lands,  or  such  kinds  of  hereditaments,  or  ingagements 
of  like  nature,  as  for  giving  of  votes,  passing  sentences 
in  publick  meetings,  civil  courts,  or  causes,  shall  be  at 
least  twenty  and  one  years,  but  in  cases  admitting  the 
choyce  of  guardians,  any  age  above  fourteen  may  be 
sufficient. 

Appeales. 

It  is  ordered,  &c.  that  if  any  man  cast,  or  sentenced 
in  his  cause,  be  unsatisfied  with  the  proceedings  and 
issue,  it  shall  be  in  his  liberty  (the  cause  not  being 
criminall)  to  make  his  appeal  from  any  plantation 
court,  to  the  court  of  magistrates ;  and  in  like  case, 
from  the  court  of  magistrates,  to  the  general  court. 
But  in  such  case,  when  the  magistrates,  or  some  of  them, 
have  already  exprest  themselves,  to  prevent  difference 


192  LAWS  OF 

and  inconvenience,  it  is  ordered,  that  the  major  part 
of  the  general  court,  consisting  of  magistrates  and 
deputies,  taken  joyntly  shall  issue  it.  But  to  prevent, 
or  provide  against  unnecessary  trouble  to  courts, 
charge  to  the  jurisdiction,  and  other  inconveniencies 
which  may  follow,  if  the  course  of  justice  be  delayed, 
or  evaded,  it  is  further  ordered,  that  whosoever  shall 
.so  appeal,  doe  tender  his  appeal,  and  put  in  sufficient 
security  before  the  judges  of  the  court  from  which 
he  appeales,  the  secretary,  or  other  person  or  persons 
authorized  to  admit  appeals,  effectually  by  himself, 
his  deputy  or  attorney  to  prosecute  his  appeal,  at  the 
next  usuall  fixed  time  of  that  court's  sitting,  to  which 
the  appeale  is  made ;  and  to  observe,  perform,  and  pay 
to  the  defendant,  as  shall  be  there  adjudged;  but 
every  such  appeal  shall  be  entred,  and  security  as 
before  put  in,  within  three  days  after  sentence  in  the 
cause  was  given,  and  the  same  at  the  charge  of  the 
party  appealing,  to  be  recorded,  and  certified  to  the 
court,  unto  which  the  appeale  is  made.  And  lastly,  it 
is  ordered,  that  if  in  the  review  it  appear,  the  plain- 
tiff had  no  cause  to  appeale,  petition,  or  complain,  he 
shall  pay  such  further  charge,  as  the  court  shall  judge 
hath  been  expended  in  their  sitting  to  re-examine  his 
cause,  that  no  unnecessary  charge  fall  upon  the 
Colony. 

Appearance.  Non-Appearance. 
It  is  ordered,  &c.  that  no  man  shall  be  punished 
for  not  appearing  at  or  before  any  civil  assembly, 
court,  magistrate,  or  officer,  nor  for  omission  of  any 
office  or  service,  to  be  performed  in  his  own  person 
only,  if  he  shall  be  necessarily  hindred  by  any 
apparent  providence  of  God,  which  he  could  neither 


NE  W  II A  YEN  COL  ONY.  193 

foresee,  nor  avoid,  and  by  giving  or  sending  notice, 
hath  done  what  was  in  his  power.  Provided,  that 
this  law  shall  not  prejudice  any  person  of  his  just 
cost  and  damage,  in  any  civil  action. 

Arrests.     See  Imprisonment. 

Attachment.     Sec  further  in  the  Title  Distresse. 

It  is  ordered,  &c.  that  no  attachment  shall  be 
granted  in  any  civil  action  to  any  forraigner,  against 
a  setled  inhabitant  of  this  jurisdiction,  before  he  hath 
given  sufficient  security,  or  caution,  duly  to  prosecute 
his  action,  and  to  answer  the  defendant  such  costs  and 
damages,  as  the  court  shall  award.  And  it  is  further 
ordered,  that  in  all  attachments  of  goods  and  chattels, 
of  lands  or  hereditaments,  whether  by  forraigners,  or 
setled  inhabitants,  legall  notice  shall  be  given  to  the 
party  concerned,  or  left  in  writing  at  his  house,  or 
place  of  usuall  abode,  before  the  suit  proceed  ;  but  if 
he  be  out  of  the  jurisdiction,  the  cause  shall  proceed 
to  try  all,  but  judgement  shall  not  be  entred  till 
another  court  at  least  a  month  after.  And  if  the 
defendant  doe  not  then  appear,  judgement  shall  be 
entred,  but  execution  shall  not  be  granted  before  the 
plaintiff  hath  given  sufficient  security  to  be  responsall 
to  the  defendant,  if  he  shall  reverse  the  judgement 
within  one  year,  or  such  further  time  as  the  court 
shall  see  cause  to  order. 

Bakers. 

It  is  ordered,  &c.  that  every  person  within  this 
jurisdiction,  who  shall  bake  bread  for  sale,  shall  have 
a  distinct  mark  for  his  bread,  and  keep  the  true  assizes 
hereafter  expressed  and  appointed. 

When  wheat  is  ordinarily  sold  by  the  bushell,  at 
9 


194  LAWS  OF 

the   severall  rates  hereafter  mentioned,  the  penny 
white  loaf,  penny  wheaten  loaf,  and  penny  household 
loaf  shall  weigh  severally  and  respectively  by  aver 
dupoyse  weight  as  followeth. 
When  the  bushell  of  wheat  is 

s.d.  the 

at  3.0,  penny  white  loaf  11 1-4  oz.  wheaten  17 14  oz.  houshold  23  oz. 
at  3.6,  penny  white  loaf  10  1-4  oz.  wheaten  15 1-4  o*.  houshold  20 1-2  oz. 
at  4.0,  penny  white  loaf  9  1-4  oz.  whe&ten  14  oz.  houshold  18 1-2  oz. 
at  4.6,  penny  white  loaf  8  1-4  oz.  wheaten  12  3-4  oz.  houshold  16 1-2  oz. 
at  5.0,  penny  white  loaf  7  3-4  oz.  wheaten  11 1-2  oz.  houshold  15 1-2  oz. 
at  5.6,  penny  white  loaf  7  oz.  wheaten  10 1-2  oz.  houshold  14 1-4  oz. 
at  6.0,  penny  white  loaf  6 1-2  oz.  wheaten  10  oz.  houshold  13  oz. 
at  6.6,  penny  white  loaf  6  oz.  wheaten  9 1-2  oz.  houshold  12 1-4  oz. 

And  so  proportionably  under  the  penalty  of  forfeit- 
ing all  such  bread,  as  shall  not  answer  the  before-men- 
tioned severall  assizes.  And  for  the  better  execution 
of  this  order  there  shalbe  in  every  plantation,  as 
occasion  may  require,  an  officer  yearly  chosen,  who 
shal  be  sworn  at  the  next  plantation  court,  or  by  the 
next  magistrate,  or  officer  for  taking  oaths,  unto  the 
faithfull  discharge  of  his  office,  who  is  hereby  author- 
ized to  enter  into  any  house,  either  with  the  constable, 
or  marshall,  or  without,  where  he  understands  that 
any  bread  is  baked  for  sale,  and  to  weigh  such  bread, 
as  often  as  he  seeth  cause :  and  after  once  notice,  or 
warning,  to  seize  all  such  bread  as  he  findeth  defective 
in  weight,  or  not  marked  according  to  this  order. 
And  all  such  forfeitures  shall  be  divided,  one  third 
part  to  the  officer  for  his  care  and  paines,  and  the  rest 
to  the  poor  of  the  place. 

Ballast. 

It  is  ordered,  &c.  that  no  ballast  shall  be  cast  out  of 
any  ship  or  other  vessel  in  the  channel,  or  other  place 
inconvenient,  in  any  harbour  within  this  jurisdiction, 
under  the  penalty  of  ten  pounds  to  be  levied  upon  the 


NE  W  HA  YEN  COL  ONT.  195 

owners,  mariners,  seamen,  or  others  offending,  to  the 
use  of  the  said  plantation.  The  ship  or  vessel  to  be 
stayed  till  payment  be  made. 

Barratry. 

It  is  ordered,  &c.  That  if  any  person  be  proved,  and 
judged  a  common  barrater,  vexing  others  with  unjust, 
frequent,  and  troublesome  suites,  it  shall  be  in  the 
power  of  any  court,  both  to  reject  his  cause,  and  to 
punish  him  for  his  barratry.  * 

Bills  and  Specialties. 

It  is  ordered,  &c.  That  any  debt,  or  debts,  due  upon 
bill,  or  other  specialty,  being  duly  assigned  to  another, 
shall  be  as  good  a  debt,  and  estate  to  the  assignee,  as  it 
was^  or  could  be,  to  the  assigner.  And  that  it  shall 
be  lawf nil  for  the  said  assignee  to  sue  for,  and  recover 
the  said  debt,  due  upon  bill,  or  other  specialty,  and 
so  assigned,  as  fully  as  the  original  creditor  might 
have  done.  Provided  the  assignation  be  either  made 
upon  the  back  of  the  specialty,  or  to  the  court  some 
other  way  cleared,  that  future  questions  may  be 
stopped,  or  duly  answered,  f 

Burglary  and  Theft. 

It  is  ordered,  &c.  That  if  any  person  shall  com- 
mit burglary,  or  break  up  any  dwelling  house,  or  any 
thing  equi[va]lent,  or  rob  any  person  by  force,  or  by 
using  any  threatning  gestures,  or  other  actions,  in  the 
fields,  high-wayes,  or  other  place,  the  paity  so  offend- 
ing, shall  for  the  first  offence  ( beside  such  restitution 
and  damage  as  the  court  to  which  the  cognizance  be- 

*  Mass.  Body  of  Liberties,  §34,  amended ;  and  Conn.  Code, 
f  Conn.  Code,  (see  page  65,)  with  verbal  amendments. 


196  LAWS  OF 

longs,  shall  see  cause  to  order )  be  branded  on  the  right 
hand  with  the  letter  (B) ;  if  he  shall  offend  in  the  like 
kind  a  second  time  (  beside  restitution  and  damage ) 
he  shall  be  branded  on  the  left  hand,  and  also  be  se- 
verely whipt ;  and  if  he  fall  into  the  like  offence  the 
third  time,  (  beside  restitution  and  damage  out  of  his 
estate )  he  shall  be  put  to  death  as  incorrigible.  And 
if  any  person  shall  commit  such  burglary,  or  BO  rob  in 
any  place  on  the  Lord's  day,  he  shall  (  beside  restitu- 
tion and  damage )  for  the  first  offence,  be  burnt  on 
the  right  hand,  as  before,  and  severely  whipt ;  for  the 
second  offence,  he  shall  be  burnt  on  the  left  hand,  stand 
on  the  pillory,  be  severely  whipt,  and  wear  a  halter  in 
the  day  time  constantly  and  visibly  about  his  neck,  as 
a  mark  of  infamy,  till  the  court  of  magistrates  see 
cause  to  release  him  from  it ;  but  if  he  fall  into  the 
same  offence  the  third  time,  he  shall  be  put  to  death 
as  incorrigibly  unrighteous,  and  presumptuously  pro- 
fane.* 

And  to  prevent  or  suppresse  other  thefts,  and  pil- 
f  rings,  it  is  ordered,  That  if  any  person  shall  be  taken, 
or  proved  to  have  stollen,  assisted,  or  any  way  have 
been  accessary  to  the  stealing  of  any  cattel  of  what 
sort  soever,  or  swine,  he  shall  by  way  of  forfeit  make 
such  restitution  to  the  owner,  as  the  court  considering 
all  circumstances,  shall  judge  most  agreeable  to  the 
word  of  God.  And  if  any  person  shall  be  proved  to 
have  stollen  any  goods  of  what  sort  soever,  out  of  any 
man's  dwelling-house,  warehouse,  barn,  or  other  out- 
house, or  left  out  in  court,  yard,  garden,  orchard,  high- 
way, from  the  water-side,  or  out  of  any  boat  or  vessel, 
or  other  place,  or  to  have  robbed  any  garden,  or 
orchard,  or  stollen,  or  hurt,  any  grafts,  or  fruit-trees, 

*  Massachusetts  law  of  1646. 


NEW  HAVEN  COLONY.  197 

or  fruit,  he  shall  forfeit  and  pay  double  damages  to 
the  owner,  beside  such  further  fine  and  punishment, 
as  the  court  considering  all  aggravating  circumstances 
of  time,  manner  &c.,  shall  judge  meet.*  If  the  thief 
in  any  part  of  the  premisses  be  not  able  to  make  resti- 
tution ( if  the  case  require  it )  he  is  to  be  sold  for  a 
servant,  till  by  his  labour  he  may  make  due  restitution. 
And  if  any  children,  or  servants,  who  cannot  pay  for 
themselves,  shall  transgresse,  and  trespasse  in  any  part 
of  the  premisses,  if  their  parents  or  masters  will  not 
pay  the  penalty  for  them,  they  shall  be  publickly 
whipt,  or  further  proceeded  against  as  the  case  may 
require,  and  all  servants,  and  workemen,  imbezeling, 
pilfring,  or  stealing  the  goods  of  their  masters,  or  such 
as  set  them  on  worke,  shall  make  such  restitution,  and 
be  liable  to  all  lawes  and  penalties  as  other  men,  and 
if  any  person  shall  be  proved  to  pilfer  or  steale  a  sec- 
ond or  third  time,  his  punishment  shall  be  increased 
by  whiping  or  otherwise,  as  the  court  shall  see  cause. 

And  forasmuch  as  small  thefts,  trespasses,  or  other 
offences  of  a  criminall  nature,  are  sometimes  committed 
by  the  English  or  others  in  townes  or  places  remote 
from  prisons,  or  it  may  prove  inconvenient  to  defer 
the  tryall,  or  to  make  stay  of  the  persons  offending,  or 
hard  to  get  security  for  appearance  at  a  court,  it  is  there- 
fore ordered,  that  any  magistrate,  or  deputy  intrusted 
to  assist  in  judicature,  calling  in  such  other  help  as  the 
place  affords  for  a  plantation  court  (which  help  is  here- 
by required  to  attend  the  service  upon  due  warning), 
may  upon  complaint  brought  to  him,  when  the  case  so 
requires, with  the  first  conveniency,  heare,  and  upon  due 
proofe  determine  any  such  offence  (the  valew whereof 

*  Massachusetts  law  of  1646. 


198  LAWS  OF 

either  in  point  of  fine,  damage,  or  other  punishment 
exceeds  not  the  limits  of  that  plantation  court,  accord- 
ing to  the  lawes  here  established  )  and  may  give  war- 
rant to  the  marshal!,  or  other  officer,  for  answerable 
execution,  but  if  the  offender  refuse  to  pay  or  have 
nothing  to  satisfie,  the  magistrate,  or  deputy  witli  the 
help  aforesaid,  may  punish  by  stocking,  whiping,  or 
otherwise ;  according  to  the  nature  of  the  offence, 
and  import  of  this  law. 

Capitall  Lawes. 

It  is  ordered,  &c.,  That  if  any  person  after  legal!,  or 
other  due  conviction,  shall  have,  or  worship  any  other 
God,  but  the  Lord  God,  he  shall  be  put  to  death. 
Exod.  22.  20.  Deut.  13.  6, 10.  Detit.  17.  2, 3,  4,  5,  6. 

If  any  person  be  a  witch,  lie  or  she  shall  be  put  to 
death,  according  to  Exod.  22.  18.  Levit.  20.  27. 
Deut.  18.  10, 11. 

If  any  person  within  this  jurisdiction,  professing  the 
true  God,  shall  wittingly  and  willingly  presume  to 
blaspheme  the  holy  name  of  God,  Father,  Son,  or 
Holy  Ghost,  with  direct,  expresse,  presumptuous,  or 
high-handed  blasphemy,  either  by  willf  ull  or  obstinate 
denying  the  true  God,  or  his  creation,  or  government 
of  the  world,  or  shall  curse  God,  Father,  Son,  or  Holy 
Ghost,  or  reproach  the  holy  religion  of  God,  as  if  it 
were  but  a  politick  device  to  keep  ignorant  men  in 
awe  ;  or  shall  utter  any  other  kind  of  blasphemy  of 
like  nature,  and  degree,  such  person  shall  be  put  to 
death.  Levit.  24.  15, 16. 

If  any  person  shall  commit  any  wilf  ull  murder,  if  he 
shall  kill  any  man,  woman,  or  child,  upon  premedita- 
ted malice,  hatred,  or  cruelty  (not  in  a  way  of  neces- 
sary and  just  defence,  nor  by  meer  casualty  against  his 


NE  W  HA  YEN  COL  ONY.  199 

will )  lie  shall  be  put  to  death.  Exod.  21. 12, 13.  Numb. 
35.  31. 

If  any  person  slayeth  another  suddenly  in  anger,  or 
cruelty  of  passion,  he  shall  be  put  to  death.  Lev.  24. 
17.  Numb.  35.  16, 17, 18, 19,  20,  21. 

If  any  person  come  presumptuosly  to  slay  another 
with  guile,  whether  by  any  kinde  of  force,  poyson, 
or  other  wicked  practice,  every  such  person  shall  be 
put  to  death.  Ex.  21.  14.  Agreeing  with  Deut.  19.  19. 
By  parity  of  reason. 

If  any  man  or  woman,  shall  lye  with  any  beast,  or 
bruite  creature  by  carnall  copulation,  he,  or  she,  shall 
surely  be  put  to  death,  and  the  beast  shall  be  slaine, 
buried,  and  not  eaten.  Lev.  20.  15,  16. 

If  any  man  lyeth  with  mankinde,  as  a  man  lyeth 
with  a  woman,  both  of  them  have  committed  abomi- 
nation, they  both  shall  surely  be  put  to  death.  Levit. 
20.  13.  And  if  any  woman  change  the  naturall  use, 
into  that  which  is  against  nature,  as  Rom.  1.  26.  she 
shall  be  liable  to  the  same  sentence,  and  punishment, 
or  if  any  person,  or  persons,  shall  commit  any  other 
kinde  of  unnaturall  and  shamefull  filthines,  called  in 
Scripture  the  going  after  strange  flesh,  or  other  flesh 
then  God  alloweth,  by  carnall  knowledge  of  another 
vessel  then  God  in  nature  hath  appointed  to  become 
'one  flesh,  whether  it  be  by  abusing  the  contrary  part 
of  a  grown  woman,  or  child  of  either  sex,  or  unripe 
vessel  of  a  girle,  wherein  the  naturall  use  of  the  woman 
is  left,  which  God  hath  ordained  for  the  propaga- 
tion of  posterity,  and  Sodomiticall  filthinesse  ( tending 
to  the  destruction  of  the  race  of  mankind )  is  commit- 
ted by  a  kind  of  rape,  nature  being  forced,  though  the 
will  were  inticed,  every  such  person  shall  be  put  to 
death.  Or  if  any  man  shall  act  upon  himself,  and  in 


200  LAWS  OF 

the  sight  of  others  spill  his  owne  seed,  by  example,  or 
counsel,  or  both,  corrupting  or  tempting  others  to  doe 
the  like,  which  tends  to  the  sin  of  Sodomy,  if  it  be  not 
one  kind  of  it ;  or  shall  defile,  or  corrupt  himself  and 
others,  by  any  other  kind  of  sinf  ull  filthinesse,  he  shall 
be  punished  according  to  the  nature  of  the  offence  ;  or 
if  the  case  considered  with  the  aggrarating  circum- 
stances, shall  according  to  the  mind  of  God  revealed 
in  his  word  require  it,  he  shall  be  put  to  death,  as  the 
court  of  magistrates  shall  determine.  Provided  that  if  in 
any  of  the  former  cases,  one  of  the  parties  were  forced, 
and  so  abused  against  his  or  her  will,  the  innocent 
person  ( crying  out,  or  in  due  season  complaining) 
shall  not  be  punished,  or  if  any  of  the  offending  par- 
ties were  under  fourteen  year  old,  when  the  sin  was 
committed,  such  person  shall  onely  be  severely  cor- 
rected, as  the  court  of  magistrates  considering  the  age, 
and  other  circumstances,  shall  judge  meet. 

If  any  man  married,  or  single,  commit  adultery  with 
a  marryed  or  espoused  wife,  the  adulterer  and  adulter- 
esee  shall  surely  be  put  to  death.  Lev.  18.  20.  Lev. 
20.  10.  Deut.  22.  23, 24. 

If  any  person  steale  a  man,  or  mankind,  that  person 
shall  surely  be  put  to  death.  Exod.  21.  16. 

If  any  person  rise  up  by  false  witnesse,  wittingly 
and  of  purpose  to  take  away  any  man's  life,  that  per- 
son shall  be  put  to  death.  Deut.  19.  16, 18, 19. 

If  any  person  shall  conspire,  and  attempt  any  inva- 
sion, insurrection,  or  publick  rebellion  against  this  ju- 
risdiction, or  shall  endeavour  to  surprize,  or  seize  any 
plantation,  or  town,  any  fortification,  platform,  or 
any  great  guns,  provided  for  the  defence  of  the 
jurisdiction,  or  any  plantation  therein;  or  shall 
treacherously  and  perfidiously  attempt  the  alteration 


NE  W  HA  YEN  COL  ONY.  201 

and  subversion  of  the  frame  of  policy,  or  fundamentall 
government  laid,  and  setled  for  this  jurisdiction,  he 
or  they  shall  be  put  to  death.  Numb.  16.  2  Sam.  18. 
2  Sam.  20.  Or  if  any  person  shall  consent  unto  any 
such  mischievous  practice,  or  by  the  space  of  foure  and 
twenty  houres  conceale  it,  not  giving  notice  thereof  to 
some  magistrate,  if  there  be  any  magistrate  in  the 
plantation,  or  place  where  he  liveth,  or  if  none,  to 
some  deputy  for  the  jurisdiction,  or  to  the  constable  of 
the  place,  that  the  publick  safety  may  be  seasonably 
provided  for,  he  shall  be  put  to  death,  or  severely  pun- 
ished, as  the  court  of  magistrates  weighing  all  circum- 
stances shall  determine. 

If  any  child,  or  children,  above  sixteen  year  old, 
and  of  competent  understanding,  shall  curse,  or  smite, 
his,  her,  or  their  naturall  father,  or  mother,  each  such 
child  shall  be  put  to  death,  Exod.  21.  17.  Levit.  20.  9. 
Exod.  21. 15,  unlesse  it  be  proved,  that  the  parents 
have  been  very  unchristianly  negligent  in  the  educa- 
tion of  such  child,  or  children,  or  so  provoked  them  by 
extream  and  cruell  correction,  or  usage,  that  they  have 
.  been  urged  or  forced  thereunto,  to  preserve  them- 
selves from  death  or  maiming. 

If  any  man  have  a  stubborn  rebellious  son,  of  suffi- 
cient age  and  understanding,  namely  sixteen  year  old, 
or  upward,  which  will  not  obey  the  voyce  of  hia 
father,  or  the  voyce  of  his  mother ;  and  that  when  they 
have  chastned  him,  will  not  hearken  unto  them,  then 
shall  his  father  and  his  mother  (being  his  naturall 
parents  )  lay  hold  on  him,  and  bring  him  to  the  mag- 
istrates assembled  in  court,  and  testifie  unto  them, 
that  their  son  is  stubborn  and  rebellious,  and  will  not 
obey  their  voyce  and  chastisement,  but  lives  in  sundry 
notorious  crimes ;  such  a  eon  shall  be  put  to  death. 
Deut.  21. 18,  19,  20,  21. 


202  LAWS  OF 

If  any  man  shall  ravish  any  maid,  or  single  woman, 
who  is  above  the  age  of  ten  years,  committing  carnall 
copulation  with  her  by  force,  against  her  own  will, 
he  shall  be  severely  and  grievously  punished,  as  the 
court  of  magistrates  considering  all  circumstances  shall 
determine. 

Caske  and  Cooper. 

It  is  ordered,  &c.  That  all  cask,  whether  pipes, 
hogsheads,  barrels,  quarter  cask,  or  other  sorts  used 
in  trade,  whether  for  any  liquor,  fish,  pork,  beef,  or 
other  commodity  put  to  sale,  shall  be  of  London  assize. 
And  that  in  each  plantation  within  this  jurisdiction, 
where  cask  is  made  or  used  for  trade,  the  plantation 
court,  or  the  constable,  with  the  present  or  last  depu- 
ties for  the  generall  court,  where  there  is  no  plantation 
court,  shall  from  time  to  time  appoint  some  fit  person, 
or  persons,  to  view  and  gage  all  such  vessel  or  cask  : 
and  such  as  shall  be  found  of  due  assize  and  made  of 
sound,  and  well  seasoned  stuffe,  (  and  none  but  such 
shall  be  marked  with  the  gager's  mark )  who  shall 
have  for  his  paines  eight  pence  for  every  tun,  and  pro- 
portionably  for  what  he  so  marketh.  And  every 
cooper  shall  have,  and  set  a  distinct  brand-mark  of 
his  own,  upon  each  cask,  upon  paine  of  forfeiting  after 
the  rate  of  twenty  shillings  a  tun,  for  what  he  sells, 
either  without  the  gager's  mark,  or  not  marked  with 
his  own  constant  brand  mark. 

Cattett,  Corn  Fields,  Fences. 

To  prevent,  or  remedy  much  inconvenience,  and 
many  differences  which  may  grow  about  fencing, 
planting,  sowing,  feeding,  and  improving  of  common 
fields,  inclosed  for  corn,  or  other  necessary  use,  it  is 
ordered,  That  every  person  interessed  in  any  such 


NE  W  HA  YEN  COL  ONT.  203 

field  shall  from  time  to  time,  make  and  keep  his 
part  of  the  fence,  sufficiently  strong  and  in  constant 
repaire,  according  to  all  orders  in  force  in  each  plan- 
tation, to  secure  the  corn,  and  other  fruits  therein. 
And  shall  not  put,  cause,  or  permit  any  cattel  to  he 
put  in,  so  long  as  any  corn,  or  other  fruit  shall  be 
growing,  or  remain  upon  any  part  of  the  land  so 
inclosed.  Unlesse  by  some  generall  expresse  agree- 
ment of  such  as  are  interessed.  And  if  at  any  time 
the  owners  or  occupiers  of  any  such  inclosed  land 
cannot,  or  doe  not  agree,  in  any  part  of  the  premises, 
it  is  ordered,  That  upon  due  and  seasonable  notice 
given  to  the  select  men  or  towns  men,  appointed  for 
prudentiall  affaires,  proper  to  their  care  and  trust,  by 
any  concerned,  and  unsatisfied,  they  shall  appoint  a 
convenient  time  to  hear  and  order  such  differences, 
and  settle  a  due  way  of  fencing,  improving,  and  pre- 
serving such  fields,  and  the  fruits  of  them.  And 
whosoever  shall  oppose  or  transgresse,  shall  be  liable 
to  all  damages  proved  to  grow  thereby,  and  to  such 
further  fine  for  breach  of  order,  as  the  plantation 
court,  or  authority  there  setled  for  such  purposes, 
shall  judge  meet.  But  in  any  plantation,  where  there 
are  yet  no  such  select,  or  towns  men,  the  freemen 
from  among  themselves,  shall  yearly  choose  a  con- 
venient number  to  order  such  occasions,  that  peace 
and  righteousnesse  may  be  the  better  preserved 
therein.  And  these  select,  or  towns  men,  shall  from 
year  to  year  appoint  one,  two,  or  more,  of  the  planters, 
for  all  or  each  common  field,  belonging  to  the  planta- 
tion where  they  dwell,  to  view  the  common  fences 
within  their  trust  and  to  take  due  notice  of  the  reall 
defects  and  insufficiency  thereof,  and  shall  forthwith 
acquaint  the  owners  with  the  same.  And  if  the  said 


204  LAWS  OF 

« 

owners  or  occupiers  doe  not  at  furthest  within  six 
working  dayes,  or  sooner  if  the  said  select  men  see  cause, 
and  so  appoint,  sufficiently  repaire,  or  cause  the  same 
to  be  repaired,  he,  or  they,  shall  forthwith  upon  the 
demand  of  the  appointed  viewer  or  viewers  (beside 
other  just  damages)  pay  as  a  fine  to  the  plantation, 
twelve  pence  for  every  rod  (if  there  be  a  considerable 
quantity  of  such  defective  fence  together),  or  for  every 
single  defect,  in  such  faulty  fence,  or  the  said  viewer 
or  viewers,  taking  due  witnesse  of  the  defects,  may  if 
it  suite  their  conveniency  forthwith  repaire  or  renew 
them,  or  cause  them  to  be  repaired  or  renewed,  and 
shall  have  double  recompence  for  the  same,  to  be 
paid  (beside  other  just  damages)  by  the  owners,  or 
occupiers  of  the  said  insufficient  fence,  or  fences. 
And  in  either  case  if  payment  be  denyed  or  delayed, 
such  viewer,  or  viewers,  shall  have  warrant  from  the 
said  select  men,  directed  to  the  marshall,  or  constable, 
to  levy  the  same  forthwith  upon  the  estate  of  the 
delinquent. 

And  when  lands  lye  in  common  unfenced  if  one 
man  shall  improve  his  land  by  fencing  in  severall,  and 
others,  one,  or  more  shall  not,  he  who  shall  so  im- 
prove, shall  secure  his  land  from  other  men's  cattel 
(unruly  cattle  excepted),  who  shall  compell  no  man  to 
make  any  fence  with  him,  except  he  also  improve  in 
severall,  and  where  one  man  shall  improve  before  his 
neighbour,  and  so  make  the  whole  fence,  if  his  said 
neighbour  shall  after  improve,  he  shall  then  satisfie 
for  half  the  other's  fence  against  him,  according  to 
the  present  value,  and  shall  maintaine  the  same :  and 
if  the  said  first  man  shall  after  lay  open  his  said  field, 
or  land,  then  the  said  neighbour  shall  both  enjoy  his 
said  half  fence  so  purchased,  and  shall  have  liberty 


NE  W  J7A  YEN  COL  ONY.  205 

to  buy  the  other  half  fence  against  his  land,  paying 
according  to  the  present  worth  as  it  shall  be  rated  by 
two  men  indifferently  chosen.  And  the  like  order 
shall  be,  when  any  man  shall  improve  land,  against, 
or  adjoyning  to  a  town  common.  Provided  this  ex- 
tend not  to  house-lots,  in  which,  if  one  shall  improve, 
his  neighbour  or  neighbours  shall  be  compellable  to 
make,  and  maintaine  one  half  of  the  fence  between 
them,  whether  he  or  they  improve,  or  not.  Provided 
also,  that  no  man  shall  be  liable  to  damage  done  in 
any  ground  not  sufficiently  fenced,  and  himself  not 
interessed  iu  the  defective  fence,  or  some  part  of  it, 
except  the  damage  were  done  by  prohibited  or  unruly 
cattel  of  any  sort  (in  which  swine  are  included)  which 
cannot  be  restrained  by  ordinary  fences,  or  where  any 
shall  unwarrantably  put  in  cattel,  of  what  sort,  or 
under  what  colour  or  pretence  soever,  or  otherwise 
willfully  trespasse  upon  his  neighbour's  ground. 

It  is  further  ordered,  That  whatsoever  swine,  or 
greater  cattel  (horses  excepted,  which  are  particularly 
mentioned  hereafter,)  shall  be  found  in  the  woods,  or 
commons  unmarked,  are  lyable  to  poundage,  and 
being  either  pounded,  or  otherwise  prosecuted  and 
proved,  the  owner  shall  pay  for  each  swine  unmarked, 
three  shillings  and  four  pence,  of  which  half  the  fines 
to  the  pounder,  or  prosecutor,  and  the  rest  to  the 
plantation.  And  for  each  of  the  greater  sort  of  cat- 
tel, six  shillings,  whereof  half  shall  be  ordered  to  the 
pounder,  or  prosecutor,  and  the  rest  to  the  plantation  ; 
but  if  the  owners  be  not  known,  or  found,  then  every 
such  swine  or  beast  of  a  greater  kind,  to  be  duly 
cryed,  that  the  owner  may  take  notice,  claim  his  in- 
terest, and  pay  the  fine,  and  charges;  but  if  yet  no 
owner  be  found,  then  after  due  apprisement  by 


206  LAW8  OF 

indifferent  men  chosen  by  authority  in  the  place,  and 
the  same  recorded  by  the  secretary,  sale  to  be  so  far 
made,  that  the  fine  and  charges  may  be  fully  paid,  and 
the  remainder  kept  by  the  treasurer,  till  the  owner  be 
knowne,  and  the  rest  of  such  swine,  or  cattel,  being 
first  marked  with  a  publick  town  mark,  or  brand, 
with  some  distinction  from  the  mark  of  particular 
men,  to  be  again  turned  into  the  woods. 

Lastly,  it  is  ordered,  That  no  owner  of  cattel,  of 
what  kind  soever,  after  knowledge,  or  notice  given, 
that  any  cattel  of  his,  whether  horse,  other  beast,  or 
swine,  is  unruly  in  respect  to  fences,  shall  suffer  any 
such  to  goe  at  liberty,  either  in  common,  or  against 
corn  fields,  or  other  impropriate  enclosed  grounds 
fenced  as  aforesaid,  but  shall  either  constantly  keep 
them  upon  his  own  ground,  within  sufficient  fences, 
all  his  own,  or  put  and  keep  upon  each  of  them,  such 
shackles  and  fetters,  or  yoaks  and  rings,  as  may 
sufficiently  from  time  to  time,  restrain  and  prevent 
trespasse,  or  shall  pay  all  damages  and  charges, 
whether  in  corne,  or  other  fruits,  with  hurt  in  fences, 
expence  of  time,  and  help  in  catching,  pounding, 
driving  out,  and  bringing  home,  any  such  unruly  cat- 
tel, of  what  kind  soever,  with  such  further  fine  for 
breach  of  order,  and  court  charges,  if  the  plaintiff 
be  put  to  recover  it  that  way,  as  the  court  shall  judge 
meet. 

Charges  Publiok. 

That  publick  charges  may  be  defrayed  in  a  ready 
and  just  way,  it  is  ordered  by  this  court,  and  the 
authority  thereof,  That  in  each  plantation  within  this 
jurisdiction,  the  select  or  towns  men,*  or  some  others 

*"It  seems  that  Townsmen  were  chosen  in  New  Haven  for  the  first 
time,  November  17,  1651,  that  the  town  meetings,  'which  spends 


NE  W  If  A  YEN  COL  ONY.  207 

thereunto  deputed,  doe  yearly  the  first  week  of  the 
third  month  called  May,  require,  procure,  and  make 
a  full  arid  just  list  of  all  the  male  persons  within  their 
limits,  from  sixteen  years  old,  and  upwards ;  and  a 
true  estimation  of  all  personall  and  reall  estates,  being 
or  reputed  to  be  the  estate  of  all  and  every  the  per- 
sons belonging  to  the  plantation,  or  in  their  present 
possession,  viz.  of  houses,  lands  of  all  sorts,  meadow 
and  upland,  as  well  unbroken  up,  as  other  (except 
such  as  doth  and  shall  lye  common  for  free  feed  of 
cattel  at  all  times  to  the  use  of  the  inhabitants  in 
generall),  mills,  ships,  and  all  small  vessels,  merchant- 
able goods,  cranes,  wharfs,  and  all  sorts  of  cattel  and 
other  estate  (houshold  stuff,  and  goods  of  that  kind, 
provided  and  kept  for  that  use,  and  not  for  trade, 
onely  excepted),  whether  at  sea,  or  on  shoar,  with  a 
due  consideration  and  estimate  of  the  advantage  men 
may  have  by  their  severall  and  respective  arts,  or 
trades.  Which  list,  and  particular  account,  of  males 
and  estates  in  reference  to  rates,  shall  by  the  deputies 
chosen  by  each  plantation,  and  sent  to  assist  at  the 
generall  court,  be  presented  yearly  when  they  sit,  in 
the  latter  end  of  May,  under  such  penalty  for  default, 
as  the  court  considering  the  hindrance  in  the  juris- 
diction affaires,  shall  see  cause  to  inflict.  All  which 
persons  and  estates,  are  to  be  assessed  and  rated,  by 
such  as  are  thereunto  appointed,  for  one  single  rate, 
as  followeth,  viz.  every  male  person  above  sixteen 
years  of  age  (except  magistrates  and  elders  of  churches) 
at  twent}r  pence  by  the  head,  and  all  estates  both  reall 
and  personall,  at  one  penny  for  every  twenty  shillings. 
And  that  houses  (wherein  there  is  much  difference) 

the  towne  much  time,  may  not  be  so  often.'  Town  Ecc.  ii.  76." — 
f!.  J.  Hoadly,  in  note  to  N.  II.  Col.  Kec.  ii.  581. 


208  LAWS  OF 

may  be  the  more  equally  rated,  according  to  their 
worth,  it  is  ordered,  That  the  deputies  from  the  sev- 
erall  plantations  within  this  jurisdiction  now  assem- 
bled at  this  generall  court,  doe  before  their  return, 
rate  two  houses  in  New-haven,  which  shal  be  as 
patterns  for  the  other  plantations  to  rate  by.  That  all 
lands,  whether  meadow,  or  upland,  and  whether  the 
upland  be  better,  or  worse,  broken  up,  or  not  (except 
it  lye  common  as  before),  be  rated  at  twenty  shillings 
an  acre;  and  for  that  a  considerable  part  of  men's 
estates  in  these  parts,  lyeth  in  cattel,  to  avoyd  many 
questions  which  may  grow  about  their  age,  it  is  ordered, 
That  all  sorts  of  cattel  from  year  to  year,  though 
any  of  them  should  not  be  a  year  old  till  the  last  of 
July,  yet  in  reference  to  rates,  be  accounted,  and  pay 
as  if  they  were  a  year  old  the  first  of  May.  And  in 
like  manner  for  two  years  old,  or  elder;  and  in  lieu 
thereof,  cattel  though  near  three  quarters  of  a  year 
old  the  first  of  May,  shall  not  be  rated,  and  cattel  of 
a  year  and  almost  three  quarters,  shall  be  rated  but  a 
year  old,  and  so  upward.  And  it  is  further  ordered, 
That  till  this  court  find  some  considerable  alteration 
in  prises,  every  cow  of  four  year  old  (the  age  reckoned 
as  before)  or  upward,  shall  be  rated  at  five  pounds; 
every  heifer,  or  steer,  three  year  old,  reckoned  as 
before,  at  four  pounds ;  and  betwixt  two  and  three 
years  old,  at  fifty  shillings;  and  of  one  year  old, 
thirty  shillings.  Every  ox,  and  bull  of  four  year  old, 
or  upward,  at  six  pounds ;  every  horse  of  three  year 
old  (after  the  former  account)  or  more,  shall  be  valued 
at  ten  pounds ;  every  mare  of  three  year  old,  or  up- 
ward, at  twelve  pounds ;  those  of  two  year  old,  or 
upward,  according  to  the  former  account,  whether 
horse,  or  mares,  each  of  them  at  five  pounds  ten 


NE  W  IIA  YEN  COL  ONY.  209 

shillings ;  and  those  of  three-quarters  of  a  year  old,  or 
above,  till  they  come  to  be  a  year  and  three-quarters, 
shall  be  rated  at  three  pounds  and  ten  shillings;  every 
yew  sheep  of  a  year  old,  or  above,  at  thirty  shillings ; 
every  weather  sheep,  or  ram,  of  a  year  old,  or  above, 
at  sixteen  shillings;  every  goat  of  a  year  old,  or 
above,  at  eight  shillings;  every  swine  of  a  year  old, 
or  above,  at  twenty  shillings;  every  asse  of  a  year 
old,  or  above,  at  forty  shillings.  And  all  hey,  and 
corn  in  the  husbandman's  hand,  is  hereby  exempted 
from  rates,  because  all  meadow,  arrable  land,  and  cat- 
tel,  are  rateable  as  aforesaid.  And  for  all  such  persons, 
as  by  the  advantage  of  their  arts  and  trades,  are  more 
enabled  to  bear  publick  charges,  then  common  labour- 
ers and  workmen,  as  butchers,  bakers,  victuallers, 
smiths,  carpenters,  taylors,  shoemakers,  joyners,  bar- 
bers, millers,  masons,  with  other  artists,  .such  are  to 
be  rated  for  their  returns  and  gaines  in  proportion  to 
other  men,  for  the  produce  of  their  estates.  Provided 
that  in  the  rate  by  the  poll,  such  persons  as  are  dis- 
abled by  sicknesse,  lamenesse,  or  other  infirmity,  shall 
be  so  long  exempted.  And  for  such  servants  and 
children,  as  take  not  wages,  their  parents  and  masters 
shall  pay  for  them ;  but  such  as  take  wages,  shall  pay 
for  themselves.  And  it  is  ordered,  That  all  rates 
assessed  by  this  court,  be  duly  paid  in,  to  the  juris- 
diction treasurer,  at  such  time,  or  times,  in  such  pay, 
and  at  such  prises,  as  this  court  shall  appoint,  and 
under  such  penalties  for  default,  as  shall  from  time 
to  time  be  ordered.  And  power  is  hereby  given  and 
granted  to  each  plantation  within  this  jurisdiction,  to 
gather  all  rates  from  time  to  time,  from  the  severall 
inhabitants,  as  they  grow  due ;  and  for  want,  or  delay 
of  payment  in  an  orderly  way,  to  distreyn  within 


210  LAWS  OF 

their  own  limits,  to  prevent  further  inconveniences. 
But  that  the  jurisdiction  suffer  not  by  the  neglect  or 
delay  of  any  plantation,  or  plantations  herein,  it  is 
further  ordered,  That  at  any  time  hereafter,  upon  the 
complaint  of  the  jurisdiction  treasurer,  any  magistrate 
may  send  the  marshall  alone,  or  with  others  to  dis- 
treyn  the  cattel,  corn,  or  any  other  goods  belonging 
to  any  of  the  inhabitants  within  such  plantation,  as 
shall  be  defective  in  the  payment  of  rates  due,  for 
the  whole  sum  behind  and  unpaid,  with  addition  of 
all  penalties  incurred,  and  due  charges  for  the  mar- 
shall,  and  others  imployed  in  seizing,  and  bringing 
away  such  distresse,  every  inhabitant  in  such  case, 
having  liberty  to  require,  and  recover  his  damage, 
from  the  plantation,  or  officers,  there  intrusted  for  civil 
affaires,  according  to  justice.  Provided  that  if  any 
person  now,  or  hereafter,  having  taken  up  a  lot,  or 
lots  in  any  plantation,  be  removed,  or  shall  withdraw 
himself,  and  his  moveable  estate,  or  any  considerable 
part  of  it,  still  keeping  such  lot,  or  lots,  in  his  own 
possession,  or  power,  without  due  improvement,  by 
which  means  the  plantation  wants  his  personall  ser- 
vice, besides  other  inconveniences,  it  is  hereby  ordered, 
That  in  such  case,  every  such  person  shall  in  all 
respects,  pay  his  rates  by  lands  only,  as  was  ordered, 
and  done  before  rating  by  heads,  and  estates,  but  in 
due  proportion  to  a  whole  rate,  as  then  it  was.  And 
if  the  plantation  find  no  other  means  to  recover  the 
said  rates,  they  may  distreyn  houses,  or  lands,  or  both, 
upon  a  true  account,  that  what  advantage  they  shall 
make,  by  selling  or  letting  the  same,  or  any  part 
thereof,  over  and  above  what  is  due  for  the  said  rates, 
with  just  damages,  and  necessary  charges,  shall  be 
returned  to  the  owner,  if  he  demand  the  same,  within 
three  years. 


NE  W  HA  YEN  COL  ONY.  211 

Children's  Education. 

"Whereas  too  many  parents  and  masters,  either 
through  an  over  tender  respect  to  their  own  occasions, 
and  businesse,  or  not  duly  considering  the  good  of 
their  children,  and  apprentices,  have  too  much  neg- 
lected duty  in  their  education,  while  they  are  young, 
and  capable  of  learning,  it  is  ordered,  That  the  deputies 
for  the  particular  court,  in  each  plantation  within 
this  jurisdiction  for  the  time  being ;  or  where  there 
are  no  such  deputies,  the  constable,  or  other  officer, 
or  officers  in  publick  trust,  shall  from  time  to  time, 
have  a  vigilant  eye  over  their  brethren,  and  neigh- 
bours, within  the  limits  of  the  said  plantation,  that  all 
parents  and  masters,  doe  duly  endeavour,  either  by 
their  own  ability  and  labour,  or  by  improving  such 
schoolmaster,  or  other  helps  and  means,  as  the  planta- 
tion doth  afford,  or  the  family  may  conveniently  pro- 
vide, that  all  their  children,  and  apprentices  as  they 
grow  capable,  may  through  God's  blessing,  attain  at 
least  so  much,  as  to  be  able  duly  to  read  the  Scriptures, 
and  other  good  and  profitable  printed  books  in  the 
English  tongue,  being  their  native  language,  and  in 
some  competent  measure,  to  understand  the  main 
grounds  and  principles  of  Christian  Religion  necessary 
to  salvation.  And  to  give  a  due  answer  to  such  plain 
and  ordinary  questions,  as  may  by  the  said  deputies, 
officers,  or  others,  be  propounded  concerning  the  same. 
And  where  such  deputies  or  officers,  whether  by 
information  or  examination,  shall  find  any  parent  or 
master,  one  or  more  negligent,  he  or  they  shall  first 
give  warning,  and  if  thereupon  due  reformation  follow, 
if  the  said  parents  or  masters  shall  thenceforth  seriously 
and  constantly  apply  themselves  to  their  duty  in 
manner  before  expressed,  the  former  neglect  may  be 


212  LAWS  Of 

passed  by  ;  but  if  not,  then  the  said  deputies,  or  other 
officer  or  officers,  shall  three  months  after  such 
warning,  present  each  such  negligent  person,  or  per- 
sons, to  the  next  plantation  court,  where  every  such 
delinquent  upon  proof,  shall  be  fined  ten  shillings  to 
the  plantation,  to  be  levied  as  other  fines.  And  if  in 
any  plantation,  there  be  no  such  court  kept  for  the 
present,  in  such  case,  the  constable  or  other  officer,  or 
officers,  warning  such  person  or  persons,  before  the 
freemen,  or  so  many  of  them  as  upon  notice  shall  meet 
together,  and  proving  the  neglect  after  warning,  shall 
have  power  to  levy  the  fine  as  aforesaid:  but  if 
in  three  months  after  that,  there  be  no  due  care  taken 
and  continued  for  the  education  of  such  children  or 
apprentices  as  aforesaid,  the  delinquent  (without  any 
further  private  warning)  shall  be  proceeded  against 
as  before,  but  the  fine  doubled.  And  lastly,  if, 
after  the  said  warning,  and  fines  paid  or  levied, 
the  said  deputies,  officer,  or  officers,  shall  still  find 
a  continuance  of  the  former  negligence,  if  it  be 
not  obstinacy,  so  that  such  children  or  servants  may 
be  in  danger  to  grow  barbarous,  rude  and  stubborn, 
through  ignorance,  they  shall  give  due  and  seasonable 
notice,  that  every  such  parent  and  master  be  sum- 
moned to  the  next  court  of  magistrates,  who  are  to 
proceed  as  they  find  cause,  either  to  a  greater  fine, 
taking  security  for  due  conformity  to  the  scope  and 
intent  of  this  law,  or  may  take  such  children  or 
apprentices  from  such  parents  or  masters,  and  place 
them  for  years,  boyes  till  they  come  to  the  age  of  one 
and  twenty,  and  girles  till  they  come  to  the  age  of 
eighteen  years,  with  such  others,  who  shall  better 
educate  and  govern  them,  both  for  publick  conve- 
niency,  and  for  the  particular  good  of  the  said  children 
or  apprentices. 


NE  W  HA  YEN  COL  ONY.  213 

Conveyances  fraudulent. 

To  prevent  or  avoyd  the  mischievous  inconveniences 
which  may  grow  by  fraudulent  conveyances,  and  that 
every  man  may  the  better  know  what  estate  or  inter- 
est  other  men  may  have  in  any  houses,  lands,  or  other 
hereditaments  which  he  purposeth  to  deale  in,  it  is 
ordered,  that  no  morgage,  bargaine,  sale,  grant,  or 
conveyance,  made  of  any  house  or  houses,  lands,  rents, 
or  other  hereditaments,  within  this  jurisdiction,  where 
the  granter  remains  in  possession,  shall  be  hereafter 
in  force,  against  any  other  person  or  persons,  then 
the  granter  and  his  heirs,  unlesse  the  same  be  acknowl- 
edged  before   some  court  or  magistrate  within   this 
jurisdiction,    and    recorded   as  hereafter    expressed. 
And  that  no  such  grant,  bargain,  or  sale  already  made 
in  way  of  morgage,  &c.  where  the  granter  remains  in 
possession,  shall  be  of  force  against  any  other  but  the 
granter  and  his  heirs,  except  the  same  shall  be  entred 
(as  here  expressed)  within  one  month  after  the  first  pub- 
lishing of  this  order,  if  the  party  concerned  be  within 
this  jurisdiction,  or  else  within  three  months  after  he 
shall  return.     And  if  any  such  granter  be  required  of 
the  grantee,  his  heirs  or  assigns,  to  make  an  acknowl- 
edgement accordingly,  of  any  grant,  sale,  bargain,  or 
morgage,  by  him  made,  and  shall  refuse  so  to  doe,  it 
shall  be  in  the  power  of  any  court  or  magistrate,  to 
send  for  the  party  so  refusing,  and  upon  evidence  of 
his  injuriousnesse  therein,  to  commit  him  to  prison, 
without  baile  or  mainprize,  untill  he  shall  acknowl- 
edge the  same.     And  the  grantee  in  such  case  is  to 
enter  his  caution  with  the  secretary,  or  other  officer 
appointed  to  record  such  deeds,  and  this  shall  save 
his  interest  in  the  mean  time.     But  if  it  be  doubtfull 
whether  it  t>e  the  deed  or  grant  of  the  party,  he  shall 


214  LAWS  OF 

be  bound  with  sureties  to  the  next  court  of  mag- 
istrates, and  the  caution  shall  remain  good  as  aforesaid. 
Lastly,  it  is  ordered,  that  in  each  plantation,  either  the 
secretary,  or  some  other  officer,  be  appointed  duly  to 
enter  and  record,  in  a  book  kept  for  that  purpose,  all 
and  every  such  grants,  sales,  bargaines,  morgages  of 
houses,  lands,  rents,  and  other  hereditaments,  as 
aforesaid,  with  all  and  every  such  caution,  together 
with  the  name  of  the  granter  and  grantee,  thing,  and 
estate  granted,  with  the  date  thereof ;  the  grantee  pay- 
ing six  pence  to  the  secretary  or  officer,  for  each  such 
entry  or  record. 

Cooper,  see  Caske. 

Courts  for  Strangers. 

For  the  ease  and  conveniency  of  strangers,  who  some- 
times cannot  stay  to  attend  the  ordinary  courts  of  jus- 
tice, it  is  ordered,  that  the  Governour,  Deputy  Govern- 
our,  or  any  magistrate  within  this  jurisdiction,  may  call 
a  speciall  court,  and  that  in  such  cases,  any  three  mag- 
istrates, calling  in  such  of  the  deputies  for  the  plan- 
tation court,  as  may  be  had,  shall  have  power  to  hear 
and  determine  all  causes  civil  and  criminal  ( triable 
in  plantation  courts,  when  two  magistrates  are  called 
in)  which  shall  arise  betwixt  such  strangers  ;  or  when 
any  such  stranger  or  strangers,  shall  be  a  party,  whether 
plaintiff  or  defendant,  the  secretary  of  the  place  (as  in 
other  ordinary  trialls)  duly  recording  the  proceedings, 
all  which  shall  be  at  the  charge  of  the  party,  or  parties, 
as  the  court  shall  determine  ;  so  that  neither  the  juris- 
diction nor  plantation  be  charged  by  such  courts. 

Cursing,  see  Prophane  Swearing. 
Damages  pretended,  and  Vexatious  Suites. 
It  is  ordered,  &c.  That  if  any  person  or  persons  in 


NE  W  II A  VEN  COL  ONY.  215 

any  suit,  shall  falsely  pretend  great  damages  or  debts, 
to  discredit,  trouble,  or  vex  his,  her,  or  their  adversary, 
the  court  upon  discovery  and  proof,  shall  have  power 
to  set  a  reasonable  fine  upon  the  head  of  any  such 
offender  ;  and  that  in  all  cases,  where  it  appears  to  the 
court,  that  the  plaintiff  hath  willingly  and  wittingly 
done  wrong  to  the  defendant,  in  commencing  and 
prosecuting  any  action,  suit,  complaint,  or  indictment, 
in  his  own  name,  or  in  the  name  of  others,  he  shall 
beside  just  damages  to  the  party  wronged,  be  fined 
forty  shillings,  or  any  lesse  sum  to  the  jurisdiction  or 
plantation  treasury,  as  the  case  may  require. 

Distresse. 

It  is  ordered,  &c.  That  no  man  s  corn  or  hey  that 
is  in  the  field,  or  upon  the  cart,  nor  his  garden  stuff, 
nor  any  thing  subject  to  present  decay,  shall  be  taken 
in  distresse,  or  by  way  of  attachment,  unlesse  it  be  first 
duly  prized,  by  order  of  some  magistrate,  or  other  of- 
ficer ;  and  that  he  that  takes  it,  first  put  in  due  secur- 
ity to  satisfie  the  worth  of  it,  if  it  come  to  any  harm, 
with  other  damages,  according  to  the  course  of  justice. 

Disturbers  of  the  Public  "Peace. 

It  is  ordered,  &c.  That  whosoever  shall  disturb  or  un- 
dermine the  peace  of  this  jurisdiction,  or  of  any  of  the 
plantations,  churches,  families,  or  persons  within  the 
same,  whether  by  conspiring,  or  plotting  with  others, 
or  by  his  own  tumultuous  and  offensive  carriage,  tra- 
ducing, reproaching,  quarrelling,  challenging,  assault- 
ing, battery,  or  in  any  other  way,  tending  to  publick 
disturbance,  in  what  place  soever  it  be  done,  or  shall 
defame  any  court  of  justice,  or  any  of  the  magistrates, 
or  other  judges  of  any  such  court  within  this  jurisdic- 
tion, in  respect  of  any  act,  or  sentence  therein  passed  ; 


216  LA  WS  OF 

every  such  offender  upon  due  proof  made,  either  in  the 
generall  court,  court  of  magistrates,  or  particular  court 
( if  the  try  all,  and  issuing  of  the  case  exceed  not  their 
limits),  shall  be  punished  by  fine,  imprisonment, 
binding  to  the  peace,  or  good  behaviour,  disfranchise- 
ment  or  banishment,  according  to  the  quality  and 
measure  of  the  offence,  or  disturbance.* 

Divorce,  or  a  Marriage  declared  a  Nullity. 
Desertion,  &c. 

It  is  ordered,  &c.  That  if  any  marryed  person 
proved  an  adulterer,  or  an  adulteresse,  shall  by  flight, 
or  otherwise,  so  withdraw  or  keep  out  of  the  jurisdic- 
tion, that  the  course  of  justice  ( according  to  the  rnind 
and  law  of  God  here  established  )  cannot  proceed  to 
due  execution,  upon  complaint,  proof,  and  prosecu- 
tion, made  by  the  party  concerned,  and  interessed,  a 
separation  or  divorce,  shall  by  sentence  of  the  court 
of  magistrates  be  granted  and  published,  and  the  in- 
nocent party  shall  in  such  case  have  liberty  to  marry 
again.  Mat.  19.  9. 

And  if  any  man  marrying  a  woman  fit  to  bear 
children,  or  needing  and  requiring  conjugall  duty,  and 

*The  following  clause  was  added  by  the  General  Court,  Feb.  24, 
1656-57  : 

"  And  for  that  designes  or  practises  tending  to  publique  incon- 
uenienc  and  mischeife,  are  vsually  mannaged  by  letters  or  writings 
in  a  cunning  secret  way,  the  conspirators  or  actors  not  thinking  it 
safe  to  meete  often,  it  shall  be  in  the  power  of  the  gouernor,  or  any 
magistrate,  or  other  officer  where  there  is  no  magistrate,  vpon  just 
or  probable  grounds,  to  search  or  cause  to  be  searched  any  man's 
house,  study,  closset,  or  any  other  place,  for  bookes,  letters,  wright- 
ings,  or  anything  else,  to  discouer  and  preuent  such  danger,  and  the 
like  in  case  of  murder,  theft,  and  other  enormioss  crimes,  that  wee 
may  Hue  a  quiet  and  peaceable  life,  in  all  godlines  and  honesty, 
which  is  the  vse  and  end  of  magistracy."  (N,  H,  Col.  Kec.,  ii.  198.) 


NEW  HA  YEN  COLONY.  217 

due  benevolence  from  her  husband,  it  be  found  (after 
convenient  forbearance  and  due  tryall )  and  satisf ying- 
ly  proved,  that  the  husband,  neither  at  the  time  of 
marriage,  nor  since,  hath  been,  is,  nor  by  the  use  of 
any  lawfull  means,  is  like  to  be  able  to  perform  or 
afford  the  same,  upon  the  wive's  due  prosecution,  every 
such  marriage  shall  by  the  court  of  magistrates,  be 
declared  voyd,  and  a  nullity,  the  woman  freed  from 
all  conjugall  relation  to  that  man,  and  shall  have  lib- 
erty in  due  season, if  she  see  cause,  to  marry  another; 
but  if  in  any  such  case,  deceipt  be  charged  and  proved, 
that  the  man  before  marriage  knew  himself  unfit 
for  that  relation,  and  duty,  and  yet  proceeded,  sin- 
fully to  abuse  an  ordinance  of  God,  and  in  so  high  a 
measure  to  wrong  the  woman,  such  satisfaction  shall 
be  made  to  the  in  juried  woman,  out  of  the  estate  of 
the  offender,  and  such  fine  paid  to  the  jurisdiction,  as 
the  court  of  magistrates  shall  judge  meet.  But  if 
any  husband  after  marriage,  and  marriage  duty  per- 
formed, shall  by  any  providence  of  God  be  disabled, 
he  falls  not  under  this  law,  nor  any  penalty  therein. 
And  it  is  further  declared,  that  if  any  husband  shall 
without  consent,  or  just  cause  shewn,  willfully  desert 
his  wife,  or  the  wife  her  husband,  actually  and  per- 
emptorily refusing  all  matrimoniall  society,  and  shall 
obstinately  persist  therein,  after  due  means  have  been 
used  to  convince  and  reclaim,  the  husband  or  wife  so 
deserted,  may  justly  seek  and  expect  help  and  relief, 
according  to  1  Cor.  7.  15.  And  the  court  upon  satis- 
fying evidence  thereof,  may  not  hold  the  innocent 
party  under  bondage. 

Dowryes. 

It   is   ordered,    &c.    That   every  marryed  woman 
(living  with  her  husband  in  this  jurisdiction,  or  other 
10 


218  LAWS  OF 

where  absent  from  him,  with  his  consent,  or  through 
his  meer  default,  or  inevitable  providence,  or  in  case 
of  divorce  where  she  is  the  innocent  party)  that  shall 
not  before  marriage  be  estated  by  way  of  joynture 
(according  to  agreement)  in  some  housing,  lands,  tene- 
ments, hereditaments,  or  other  means  for  tearm  of 
her  life,  shall  immediately  after  the  death  of  her 
husband,  have  right  and  interest  by  way  of  dower,  in 
and  to  one  third  part  of  all  such  houses,  lands,  tene- 
ments and  hereditaments,  as  her  said  husband  was 
seized  of  to  his  own  use,  either  in  possession,  rever- 
sion, or  remainder,  within  this  jurisdiction,  at  any 
time  during  the  marriage,  to  have  and  enjoy  for 
tearm  of  her  naturall  life,  according  to  the  estate  of 
such  husband,  free,  and  freely  discharged  of  and  from 
all  titles,  debts,  rents,  charges,  judgements,  executions, 
and  other  incumbrauces  whatsoever,  had,  made,  or 
suffered  by  her  said  husband,  during  the  said  marriage 
between  them,  or  by  any  other  person  claiming  by, 
from,  or  under  him,  otherwise  then  by  any  act,  or 
consent  of  such  wife,  as  this  court  shall  ratifie  and 
allow.  And  if  the  heir  of  the  husband,  or  other 
person  interessed,  shall  not  within  one  month  after 
lawfull  demand  made,  assign,  and  set  out  to  such 
widow,  her  just  third  part  with  conveniency,  or  to 
her  satisfaction,  according  to  the  intent  of  this  law, 
then  upon  due  complaint,  and  prosecution  either 
before  the  court  of  magistrates,  or  plantation  court, 
as  the  case  may  require,  her  dower,  or  third  part, 
shall  be  assigned  and  set  forth  by  such  persons  as  the 
court  shall  appoint,  with  due  costs  and  damages, 
provided  that  this  law  shall  not  extend  to  any  houses, 
lands,  tenements,  or  other  hereditaments,  sold  or  con- 
veyed away  by  any  husband  bona  fide,  for_valuablc 


NEW  HAVEN  COLONY.  219 

consideration  before  this  law  was  published.  And  it 
is  further  ordered,  That  every  such  wife,  as  before 
expressed,  immediately  after  the  death  of  her  husband, 
shall  have  interest  in,  and  unto,  one  third  part  of  all 
such  money,  goods,  and  chattels,  of  what  kind  soever, 
whereof  her  husband  shall  dye  possessed,  (so  much  as 
shall  be  sufficient  for  the  discharge  of  his  funeral  1, 
and  just  debts,  being  first  deducted)  to  be  allowed, 
and,  set  out  to  her  (as  before  appointed)  for  her 
dower;  provided  alwayes,  that  every  such  widow 
endowed  as  aforesaid,  shall  from  time  to  time,  main- 
tain all  such  housea,  fences,  inclosures,  with  what  else 
shall  be  for  her  life  assigned  to  her  of  such  estate, 
for  her  dowry,  and  shall  in  all  respects  leave  the  same 
in  good  and  sufficient  repaire,  neither  committing  nor 
suffering  any  strip,  or  wast. 

JEcdesiasticall  Provisions. 

Forasmuch  as  the  word  of  God,  as  it  is  contained 
in  the  Holy  Scriptures,  is  a  pure  and  precious  light, 
by  God  in  his  free  and  rich  grace  given  to  his  people, 
to  guide  and  direct  them  in  safe  paths  to  everlasting 
peace :  And  for  that  the  preaching  of  the  same,  in  a 
way  of  due  exposition  and  application,  by  such  as 
God  doth  furnish  and  send,  is  through  the  presence 
and  power  of  the  Holy  Ghost,  the  chief  ordinary 
means  appointed  of  God  for  conversion,  edification, 
and  salvation,  It  is  ordered,  That  if  any  Christian  (so 
called)  shall  within  this  jurisdiction,  behave  himself 
contemptuously  toward  the  word  preached,  or  any 
minister  thereof,  called,  and  faithfully  dispensing  the 
same  in  any  congregation,  either  by  interrupting 
him  in  his  preaching,  or  falsely  charging  him  with 
errour,  to  the  disparagement  and  hindrance  of  the 


220  LAWS  OF 

work  of  Christ  in  his  hands,  every  such  person  or 
persons,  shall  be  duly  punished,  either  by  the  planta- 
tion court  or  court  of  magistrates,  according  to  the 
quality  and  measure  of  the  offence,  that  all  others 
may  fear  to  break  out  into  such  wickednesse. 

And  it  is  further  ordered,  that  wheresoever  the 
ministry  of  the  word  is  established  within  this  juris- 
diction, according  to  the  order  of  the  gospel,  every 
person  according  to  the  rnind  of  God,  shall  duly  resort 
and  attend  thereunto,  upon  the  Lord's  days  at  least, 
and  also  upon  days  of  publick  fasting,  or  thanksgiv- 
ing, ordered  to  be  generally  kept  and  observed.  And 
if  any  person  within  this  jurisdiction,  shall  without 
just  and  necessary  cause,  absent  or  withdraw  from 
the  same,  he  shall  after  due  means  of  conviction 
used,  for  every  such  sinfull  miscarriage,  forfeit  five 
shillings  to  the  plantation,  to  be  levied  as  other  fines. 

It  is  further  ordered,  that  all  the  people  of  God 
within  this  jurisdiction,  who  are  not  in  a  church  way, 
being  orthodox  in  judgement,  and  not  scandalous  in 
life,  shall  full  have  liberty  to  gather  themselves  into  a 
church  estate,  provided  they  doe  it  in  a  Christian  way, 
with  due  observation  of  the  rules  of  Christ,  revealed 
in  his  word ;  provided  also  that  this  court  doth  not, 
nor  hereafter  will  approve  of  any  such  company  of 
persons,  as  shall  joyn  in  any  pretended  way  of  church 
fellowship,  unlesse  they  shall  first  in  due  season, 
acquaint  both  the  magistrates,  and  the  elders  of  the 
churches  within  this  colony,  where  and  when  they 
intend  to  joyn,  and  have  their  approbation  therein. 
Nor  shall  any  person  being  a  member  of  any  church, 
which  shall  be  gathered  without  such  notice  given, 
and  approbation  had;  or  who  is  not  a  member  of 
some  church  in  New  England,  approved  by  the 


NE  W  HA  YEN  COL  ONY.  221 

magistrates,  and  churches  of  this  colony,  be  admitted 
to  the  freedonie  of  this  jurisdiction. 

And  that  the  ordinances  of  Christ  may  be  upheld, 
and  comfortable  provision  made  and  continued  for  a 
due  maintenance  of  the  ministry  according  to  the 
rule,  1  Cor.  9.  6.  to  12,  Gal.  6.  G,  It  is  ordered,  that 
when,  and  so  oft  as  there  shall  be  cause,  either  through 
the  perversnesse,  or  negligence  of  men,  the  particular 
court  in  each  plantation,  or  where  no  court  is  held, 
the  deputies  last  chosen  for  the  generall  court  with 
the  constable,  or  other  officer  for  preserving  peace, 
&c.  shall  call  all  the  inhabitants,  whether  planters,  or 
sojourners  before  them,  and  desire  every  one  par- 
ticularly to  set  down  what  proportion  he  is  willing 
and  able  to  allow  yearly,  while  God  continues  his 
estate,  towards  the  maintenance  of  the  ministry  there. 
But  if  any  one,  or  more,  to  the  discouragement  or 
hindrance  of  this  work,  refuse  or  delay,  or  set  down 
an  unmeet  proportion,  in  any  and  every  such  case,  the 
particular  court,  or  deputies  and  constable  as  afore- 
said, shall  rate  and  assesse  every  such  person,  accord- 
ing to  his  visible  estate  there,  with  due  moderation, 
and  in  equall  proportion  with  his  neighbours.  But 
if  after  that,  he  deny,  or  delay,  or  tender  unsuitable 
payment,  it  shall  be  recovered  as  other  just  debts. 
And  it  is  further  ordered,  that  if  any  man  remove 
from  the  plantation  where  he  lived,  and  leave  or 
suffer  his  land  there,  or  any  part  of  it,  to  lye  unim- 
proved, neither  selling  it  nor  freely  surrendring  it  to 
the  plantation,  he  shall  pay  one  third  part  of  what  he 
paid  before,  for  his  movable  estate  and  lands  also. 
And  in  each  plantation  where  ministers  maintenance 
is  allowed  in  a  free  way  without  rating,  he  shall  pay 
one  third  part  of  what  other  men  of  the  lowest  rank, 


222  LAWS  OF 

enjoying  such  accommodations,  doe  pay :  but  if  any 
removing  settle  near  the  said  plantation,  and  continue 
still  to  improve  his  land,  or  such  part  of  it  as  seems 
good  to  himself,  he  shall  pay  two  third  parts  of  what 
he  paid  before,  when  he  lived  in  the  plantation,  both 
for  moveable  estate,  and  land,  or  two  third  parts  of 
what  others  of  like  accommodation  pay. 

Escheates. 

It  is  ordered,  &c.  That  where  no  heire,  or  owner  of 
houses,  lands,  tenements,  goods,  or  chattels,  can  be 
found  upon  the  decease  of  the  late  testator  or  pro- 
prietor, a  true  inventory  of  every  such  estate,  in  all 
the  parts,  and  parcels  of  it,  shall  with  the  first  con- 
veniency  be  duly  taken,  and  a  just  apprisement  made 
upon  oath,  by  fit  men  thereunto  appointed  by  the 
magistrate,  or  such  authority  as  at  that  time  is  in  the 
plantation,  where  the  said  estate  is;  and  the  whole 
estate  to  be  seized  to  the  publick  treasury,  till  the 
true  heires  or  owners  shall  make  due  claime  thereto, 
unto  whom  the  same  shall  be  restored,  upon  just  and 
reasonable  tearms. 

Falsifying,  see  Forgery. 
Fences,  see  Cattell. 
Fines,  see  Rates. 

Fire. 

It  is  ordered  &c.  That  whosoever  shall  kindle  any 
fire  in  woods,  or  grounds,  lying  in  common,  or 
inclosed,  so  as  the  same  shall  burn  fences,  buildings, 
or  cause  any  other  damage,  in  any  season  or  manner, 
not  allowed  by  the  authority  in  that  plantation,  or  on 
the  last  day  of  the  week,  or  on  the  Lord's  day,  such 
person  shall  pay  all  damages,  and  half  so  much  more, 


NEW  UA  YEN  COLONY.  223 

for  a  fine  to  the  plantation,  and  if  not  able  to,  shall  be 
corporally  punished,  as  the  court  shall  judge  meet. 
But  whosoever  shall  wittingly  and  willingly  burn,  or 
destroy  any  farm,  or  other  building,  timber  hewed, 
sawn,  or  riven,  heaps  of  wood,  charcoal,  corn,  hey, 
straw,  hemp,  flax,  or  other  goods,  he  shall  pay  double 
or  treble  damages,  as  the  court  shall  judge  meet ;  or 
if  not  able  to  make  such  restitution,  he  shall  be  either 
sold  for  a  servant  till  by  his  labour  he  may  doe  it,  or 
be  severely  punished,  as  the  case  may  require. 

Forgery,  or  Falsifying. 

It  is  ordered,  &c.  That  if  any  person  shall  forge  or 
falsifie  any  deed  or  conveyance,  testament,  bond,  bill, 
release,  acquittance,  letter  of  attorney,  or  any  wri- 
ting to  pervert  equity  and  justice,  he  shall  stand  on 
the  pillory  three  severall  lecture  dayes,  or  other  dayes 
of  most  publick  resort,  as  the  plantation  court  or 
court  of  magistrates  (according  to  the  value  of  the 
cause)  shall  appoint,  and  shall  render  double  damages 
to  the  party  wronged ;  and  further,  he  shall  be  dis- 
abled to  give  any  evidence  to  any  court,  or  magistrate 
in  this  jurisdiction,  till  upon  his  repentance  satisfyingly 
manifested  to  the  court  of  magistrates,  he  be  by 
sentence  released  from  it. 

Fornication. 

It  is  ordered,  &c.  That  if  any  man  shall  commit 
fornication  with  any  single  woman,  they  shall  be 
punished,  either  by  enjoyning  marriage,  or  fine,  or 
corporall  punishment,  any,  or  all  these,  as  the  court 
of  magistrates,  or  plantation  court  duly  considering 
the  case  with  the  circumstances,  shall  judge  most 
agreeable  to  the  word  of  God. 


224  LAWS  OF 

fraudulent  Conveyances.     See  Conveyances. 

Gaming. 

To  prevent  much  inconvenience  which  may  grow 
by  gaming,  It  is  ordered,  That  no  person  who  either  as 
an  inn-keeper,  or  seller  of  strong  liquors,  wine  or 
beer,  entertaines  strangers  or  others,  to  lodge,  or  eat, 
or  drink,  shall  permit  or  suffer  any  to  use  the  game  of 
Slmffleboard,  or  any  other  gaining, within  his  house,  or 
limits,  under  the  penalty  of  twenty  shillings  for  every 
time  so  offending.  And  whatever  person  or  persons 
shall  so  play  or  game,  in  any  such  house,  or  place,  or 
in  any  other  gaming-house,  where  there  is  a  common 
resort  to  such  play,  or  gaining,  shall  forfeit  for  every 
such  offence  five  shillings.  And  whosoever  shall  so 
play,  or  game  for  money,  or  money-worth,  shall 
further  forfeit  double  the  value  thereof,  one-half,  to 
the  informer,  and  the  rest  to  the  plantation,  within  the 

limits  whereof  he  so  played  or  gamed. 

.  •  i 

Heresie. 

Although  no  Creature  be  Lord,  or  have  power  over 
the  faith  and  consciences  of  men,  nor  may  constreyn 
them  to  believe,  or  prof esse,  against  their  consciences, 
yet  to  restreyn,  or  provide  against  such  as  may  bring 
in  dangerous  errours  or  heresies,tending  to  corrupt  and 
destroy  the  soules  of  men,  It  is  ordered,  &c.  That  if 
any  Christian  within  this  jurisdiction,  shall  goe  about 
to  subvert  or  destroy  the  Christian  faith,  or  Religion, 
by  broaching,  publishing,  or  maintaining  any  danger- 
ous errour,  or  heresie,'or  shall  endeavour  to  draw,  or  se- 
duce others  thereunto,  every  such  person  so  offending, 
and  continuing  obstinate  therein,  after  due  means  of 
conviction,  shall  be  fined,  banished, or  otherwise  severely 
punished,  as  the  court  of  magistrates  duly  considering 


NE  W  HA  YEN  COL  ONY.  225 

the  offence,  with  the  aggravating  circumstances,  and 
danger  like  to  ensue,  shall  judge  meet. 

Horses. 

Whereas  many  questions,  and  sometimes  trouble- 
some suites  grow  betwixt  men,  about  horses  running 
together  in  the  woods  unmarked,  It  is  ordered,  That 
each  plantation  in  this  jurisdiction  shall  have  a  mark- 
ing iron,  or  flesh-brand,  for  themselves  in  particular, 
to  distinguish  the  horses  of  one  plantation  from  anoth- 
er ;  namely,  New-haven,  an  iron  made  to  set  on  the 
impression  of  an  H,  as  a  brand-mark,  Milford  an  M, 
Guilford  a  G,  Stamford  an  S,  Southold  an  S  with  an  O 
in  the  middle  of  it,  Brainf  ord  a  T.  Which  plantation 
brand-mark,  is  to  be  visibly  and  as  sufficiently  as  may 
be,  set  upon  the  near  buttock  of  each  horse,  mare,  and 
colt,  belonging  to  that  plantation.  Beside  which,  every 
owner  is  to  have,  and  mark  his  horse  or  horses,  with  his 
own  particular  flesh-brand  having  some  letter,  or  letters 
of  his  name,  or  such  distinguishing  mark,  that  one  man's 
horses  may  be  known  from  another's.  And  that  in 
each  plantation  there  be  an  officer  appointed,  to  re- 
cord each  particular  man's  mark,  and  to  see  each  par- 
ticular man's  horse,  mare,  and  colt,  branded,  and  to 
take  notice,  and  record  the  age  of  each  of  them,  as 
near  as  he  can,  with  the  colour,  and  all  observable 
marks,  whether  naturall  or  artificiall ;  and  what  artifi- 
ciall  marks  it  had  before  the  branding,  whether  on  the 
ear,  or  elsewhere,  with  the  year  and  day  of  the  month 
when  branded.  And  in  each  plantation,  the  officer  for 
his  care  and  pains,  to  have  six  pence  of  the  owner,  for 
each  horse,  mare,  or  colt,  so  branded  and  recorded. 
And  that  after  the  publishing  hereof,  every  one  who 
hath  any  horse  or  horses,  of  what  age  or  kind  soever, 


226  LAWS  OF 

doe  duly  attend  this  order,  at  his  perill ;  the  officer  also 
is  to  require  as  satisfying  evidence  of  his  right,  who 
presents  any  such  horse,  &c.  as  may  be  had,  or  to 
record  any  defect  of  due  evidence,  that  a  way  may  be 
open  to  other  claimes. 

Impost  upon  Wines,  and  strong  Liquors. 

For  the  better  support  of  the  government  of  this 
jurisdiction,  &c.  That  every  person,  merchant,  sea- 
man, or  other,  who  shall  bring  any  wine  into  any 
li  arbour,  or  place  within  this  colony  (  except  it  come 
directly  from  England,  or  out  of  some  other  harbour 
within  this  jurisdiction,  where  they  have  already  paid 
custome,  and  that  certified  by  the  officer  who  received 
it,  before  he  or  they  land  or  dispose  any  of  it,  more 
or  lesse)  shall  first  make  entry  of  so  many  buts, 
pipes,  or  other  vessels,  as  he,  they,  or  any  of  them 
shall  put,  take  on  shore,  or  any  way  dispose,  by  a  note 
in  writing,  delivered  to  the  jurisdiction  treasurer  at  his 
house,  or  to  some  other  officer,  appointed  by  each 
plantation,  who  is  to  be  upon  his  oath  for  the  said 
service,  under  the  penalty  of  forfeiture  and  confisca- 
tion of  all  such  wines  as  contrary  to  this  order  are  or 
shall  be  landed  or  sold  before  such  entry  made,  where- 
soever found,  or  some  lesse  penalty,  as  the  court 
shall  judge  meet,  upon  proof  that  the  errour  was  com- 
mitted through  ignorance.  And  the  first  buyer,  un- 
der the  same  penalty,  shall  see  the  same  be  done,  the 
one  half  to  the  jurisdiction,  and  the  other  half  to  him 
that  informs,  and  prosecutes  in  the  case.  And  the 
merchantjOr  owner  of  such  wines  of  any  kind,  as  soon  as 
he  imports,  lands,  and  sells  them,  or  any  of  them, 
shall  deliver  and  pay  to  the  said  treasurer,  or  officer, 
for  every  but  or  pipe  of  Fiall  wines,  or  any  other 
wines  of  those  Islands,  five  shillings ;  for  every  pipe 


NE  W  IIA  YEN  COL  ONY.  227 

of  Madaiy  wines,  six  shillings  and  eight  pence ;  for 
every  but  or  pipe  of  Sherris  Sack,  Maligo,or  Canary 
wines,  ten  shillings  ;  for  Bastards,  Tents,  and  Alligants, 
ten  shillings :  and  proportionably  for  greater  or  les- 
ser vessels  of  each  kind.  And  for  every  hogshead  of 
French  wines,  two  shillings  and  six  pence,  and  pro- 
portionably for  greater  or  lesser  vessels.  And  upon 
proof  that  any  the  forementioned  wines,  have  been 
imported  or  landed,  without  such  entry  and  payment, 
if  neither  the  seller  nor  wine  can  be  found,  then  dou- 
ble the  value  of  the  said  customes,  by  this  order  due  to 
the  jurisdiction,  are  to  be  recovered  by  way  of  action, 
as  other  debts,  of  the  first  buyer  of  the  said  wines,  if 
it  will  not  be  paid  otherwise. 

And  it  is  further  ordered,  that  whosoever  shall 
bring  any  strong  liquor,  of  what  kind  soever,  into  any 
harbour  or  other  part  of  this  colony  (unlesse  directly 
out  of  England,  or  out  of  some  other  part  of  this  juris- 
diction, where  custome  hath  been  paid,  and  certified, 
as  in  the  case  of  wines )  before  he  or  they  land  or  dis- 
pose of  any  of  it,  more  or  lesse,  shall  first  make  a  true 
and  full  entry,  of  the  quantity  he  shall  so  import,  or 
cause  to  be  imported  or  landed,  by  a  note  in  writing 
delivered  to  the  jurisdiction  treasurer  at  his  house,  or 
to  some  other  officer,  as  in  the  case  of  wines,  under 
the  like  penalty  of  forfeiture,  with  mitigation  if  the 
case  require  it,  as  there,  the  one  half  to  the  jurisdic- 
tion, the  other  half  to  him  that  informs  and  prose- 
cutes. And  the  owner,  or  importer  of  any  such  strong 
liquor,  as  soon  as  he  lands,  imports,  and  sells  it  or  any 
part  of  it,  shall  deliver  and  pay  to  the  said  treasurer, 
or  officer,  for  every  anchor  containing  ten  gallons, 
six  shillings  and  eight  pence,  and  so  for  greater  or 
lesser  quantities,  namely  after  the  rate  of  eight  pence 


228  LAWS  OF 

a  gallon.  And  the  first  buyer  shall  under  the  same 
penalty,  see  that  such  entry  and  payment  be  duly 
made.  And  that  whosoever  within  this  colony,  shall 
at  any  time  for  sale  or  merchandize,  distill  any  sort  of 
strong  liquor,  he  or  she  shall  within  eight  days  after 
the  same  is  distilled,  and  so  ready  for  use,  or  sale, 
give  in  a  like  true  note  in  writing,  of  the  full  quan- 
tity so  distilled,  to  the  treasurer,  or  other  officer,  un- 
der the  like  penalty,  and  shall  within  three  months 
after,  duly  pay,  or  cause  to  be  paid  to  the  said  treas- 
urer, or  officer,  after  the  rate  of  eight  pence  a  gallon, 
for  the  full  quantity  so  distilled,  and  upon  proof,  that 
any  such  strong  liquorhath  been  distilled  and  sold  with- 
out such  entry  and  payment,  the  value  thereof  shall  be 
forfeited  to  the  jurisdiction,  unlesse  cause  of  mitiga- 
tion appear,  as  in  the  wines.  And  that  no  person  at 
any  time  retaile  any  sort  of  strong  liquor  within  this 
jurisdiction,  without  expresse  license  from  the  authori- 
ty of  the  plantation,  within  the  limits  whereof  he  so 
sells,  wherein  the  selling  of  lessethen  three  gallons  at 
a  time,  is  to  be  accounted  retaile,  and  that  due  modera- 
tion be  attended  in  prises,  when  it  is  so  retailed.  But 
that  none  of  any  sort,  be  at  any  time  sold,  above  three 
shillings  and  six  pence  a  wine  quart.  Lastly,  it  is  or- 
dered, that  if  any  distilling  such  strong  liquor,  within 
this  colony,  shall  by  way  of  trade  or  merchandize,  after 
he  hath  paid  such  custome,  ship  and  send  forth  out  of 
this  jurisdiction,  any  quantity  of  the  same,  he  shall 
for  so  much,  have  the  said  custome  repayed,  by  the 
treasurer,  or  officer,  who  received  it. 

Im/prisonmen  t. 

It  is  ordered,  That  no  man's  person  shall  be  impris- 
oned either  for  fine,  or   debt,  to  the  jurisdiction  or 


NE  W  HA  YEN  COL  ONY.  229 

plantation,  or  particular  person,  if  any  competent 
means  of  satisfaction  from  his  estate,'  doe  otherwise 
appear ;  but  if  no  such  estate  be  known,  nor  can  pres- 
ently be  found,  or  if  contempt  or  other  proud  and  of- 
fensive behavionir  against  the  court,  or  any  authority 
here  setled,  be  mingled  with  his  cause,  he  may  be 
imprisoned,  and  kept  in  prison  at  his  own  charge,  if 
he  be  able,  till  satisfaction  be  made,  or  till  the  court 
which  committed  him,  or  some  superiour  court,  see 
cause  to  release  him.  Provided  neverthelesse,  that 
no  man's  person  shall  be  kept  in  prison  for  debt,  at 
the  will  of  the  creditor,  but  when  there  appears  some 
estate  which  he  will  not  produce,  in  which  case,  any 
court,  or  commissioners  authorized  by  the  generall 
court,  may  administer  an  oath  to  the  party,  or  any 
others,  suspected  to  be  employed,  or  privy  to  the  con- 
veying away,  or  concealing  of  such  estate,  or  some  of 
it ;  but  if  any  such  person  or  persons,  in  such  case, 
being  so  required,  shall  refuse  to  discover  the  truth  by 
oath,  he  shall  be  liable  to  such  fine,  as  the  court  duly 
weighing  the  case  shall  judge  meet;  but  if  no  estate 
can  be  found,  to  pay  or  satisfie  such  just  debt,  or 
debts,  every  such  debtor  shall  satisfie  by  service,  if  the 
creditor,  or  creditors,  require  it,  for  such  time,  as  the 
court  considering  the  debt,  shall  with  due  moderation 
judge  meet ;  but  shall  not  be  sold  to  any  out  of  the 
United  English  Colonyes,  if  the  debt  grow  by  any  or- 
dinary way  of  borrowing,  contract,  or  other  engage- 
ment, and  not  by  sinfull  and  heynous  miscarriages, 
which  disturb  the  publick  peace,  which  the  court  to 
whose  cognizance  such  cases  are  proper,  will  duly 

weigh  and  consider. 

Incest. 

It  is  ordered,  &c.  That  if  any  persons  shall  commit 


230  LAWS  OF 

incest,  which  is,  when  being  near  of  kin,  within  the 
degrees  by  God  forbidden,  they  wickedly  defile  them- 
selves one  with  another,  they  shall  be  put  to  death. 
Levit.  20.  11, 12, 14, 17, 19,  20, 21. 

Indians. 

It  is  ordered,  &c.  That  no  planter,  inhabitant,  or 
sojourner  within  this  jurisdiction,  shall  directly,  or  in- 
directly for  himself,  or  any  other,  purchase,  or  truck 
any  plantation,  or  land,  upland,  or  meadow  more  or 
less,  of  any  Indian,  Indians,  or  others  from  them, 
either  upon  the  Maine  between  Connecticut  River, 
and  Hudson's  River,  or  upon  Long  Island,  nor  shal  re- 
ceive any  land  by  way  of  gift  or  upon  any  other  tearms, 
for  his  or  their,  or  any  either  private  or  publick  use, 
or  advantage,  or  as  agent  for  others  who  may  pretend 
to  begin  a  plantation  without  express  license,  either 
from  the  court  of  magistrates  for  this  jurisdiction,  or 
at  least  from  some  one  of  the  plantation  courts,  where 
there  is  a  magistrate,  and  deputies.  And  in  the  lat- 
ter case,  the  land  to  lye  so  as  neither  in  point  of  title, 
nor  conveniency  may  concern  any  other  plantation, 
but  onely  the  plantation  so  licensing,  under  the  pen- 
alty of  losing  and  forfeiting  all  the  right  and  title 
purchased,  or  obtained  in  any  such  land,  with  such 
further  punishment  for  contempt  as  the  court  shall 
judge  meet.  And  if  any  person  or  persons  within 
this  jurisdiction,  by  what  way  or  means  soever  be  al- 
ready justly  possest,  or  interessed  of  or  in  any  land 
within  the  limits  before  mentioned,  he  or  they  shal 
neither  directly  nor  indirectly  by  gift,  sale,  or  upon 
any  other  consideration  or  respect,  alienate  or  return 
the  right  he  or  they  have  in  the  same,  or  any  part  of 
it,  to  the  Indians,  or  any  of  them  without  license  from 


NE  W  HA  T  EN  COL  ONY.  231 

this  court ;  and  if  any  plantation  within  this  jurisdic- 
tion shal  hereafter  purchase,  or  upon  any  tearms  re- 
ceive, or  obtaine  title  or  right  to  any  land  from  the 
Indians,  or  others  from  them,  which  may  concerne,  or 
be  convenient  to  another  plantation  within  this  juris- 
diction also  ;  and  so  there  grow  any  question  or  differ- 
ence either  in  reference  to  the  land,  or  this  order ;  it 
shall  be  heard  and  determined  by  this  Court,  that 
peace  may  be  continued,  and  the  conveniency  of  each 
plantation  provided  for. 

And  the  better  to  suppress  or  restrain  the  incon- 
veniences or  mischiefs  which  may  grow  by  a  general 
and  unlimited  furnishing  of  the  Indians  with  guns, 
powder,  shot,  or  any  other  weapons  or  instruments 
proper  or  useful  in  or  for  war.  It  is  ordered,  That 
whosoever  of,  or  within  this  jurisdiction,  or  any  part 
thereof  shal  directly  or  indirectly,  by  himself  or  any 
other,  sel,  barter,  give,  lend,  lose,  or  by  any  means, 
or  device  whatsoever,  furnish  any  Indian  or  In- 
dians, or  any  for  them,  with  any  guns  smal  or 
great,  by  what  name  soever  called,  or  with  any  powder 
shot,  lead,  or  shot  mould,  or  with  any  stocks  or  locks  for 
guns,  or  swords,  rapiers,  daggers,  or  blades  for  any 
such,  or  pikes,  pike-heads,  halberts,  arrow-heads,  or  any 
other  provision  or  furniture  for  war  of  what  kind  so- 
ever, whether  fully  finished  or  not ;  or  what  smith,  or 
other  person  within  or  belonging  to  this  jurisdiction 
shal  mend  any  gun,  stock,  or  any  thing  belonging  to 
it,  or  procure  it  to  be  done,  or  any  the  f  orementioned, 
or  other  weapons  or  instruments  proper,  or  used  for 
war,  without  express  written  license  from  this  general 
court,  or  some  one  or  more  deputed  by  them  to  give 
such  license  with  directions  upon  what  terines,  and  in 
what  manner,  such  a  trade  with  a  due  respect  to  all 


232  LAWS  OF 

the  premises  shall  be  managed,  shal  forfeit  and  pay  to 
the  jurisdiction  twenty  times  the  value  of  what  shal 
be  sold,  bartered,or  any  way  alienated,  mended,or  upon 
any  contrivement  or  device  done  contrary  to  the  ten- 
our  and  true  meaning  of  this  order,  or  any  part  of  it, 
whereof  one  4th  part  goeth  to  the  informer,  and  the 
rest  to  the  jurisdiction. 

And  to  the  same  purpose  and  end,  it  is  further  or- 
dered, that  whosoever,  shal  either  directly  or  indirect- 
ly sel,  bartar,  or  cause  to  be  sold  &c.,  any  guns,  powder, 
shot,  lead,  or  any  of  the  forementioned  instruments 
or  provisions  for  warr,  to  any  person  or  persons  inhab- 
iting out  of  this  jurisdiction,  without  license  from  two 
magistrates  of  this  jurisdiction  under  their  hands,  or 
where  there  is  but  one  magistrate  under  his  hand,  and 
the  hands  of  two  deputies  for  the  plantation  court? 
shal  as  a  fine  for  his  breach  of  order  and  contempt  pay 
five  times  the  value  of  what  shal  be  so  sold,  bartered, 
&c. 

And  it  is  further  ordered,  that  the  magistrate  or 
magistrates  who  at  any  time  give  any  such  license 
under  their  hands  shal  keep  a  true  account  in  writing 
of  all  the  particulars,  and  quantities,  he  or  they  so 
license,  to  whom  and  upon  what  grounds,  that  upon 
any  question  this  court  may  receive  satisfaction  there- 
in ;  and  that  every  such  license  be  limited,  as  to  the 
perticular  things  and  quantities ;  so  to  the  time,  that 
if  the  same  or  any  part  thereof  be  not  within  the 
limited  time  sould  and  delivered,  the  license  for  the 
whole,  or  such  part  to  be  altogether  void,  and  each 
sale  or  delivery  after,  without  a  new  license,  to  be 
adjudged  a  breach  of  this  order. 

And  the  better  to  prevent  controversies  and  dis- 
turbance betwixt  the  English  and  Indians  in  this 


NE  W  HA  YEN  COL  ONY.  233 

jurisdiction ;  it  is  ordered,  that  whosoever  slial  upon 
any  occasion,  trust,  or  take  pawn  or  pledge  of  any 
Indian  for  the  securing  or  payment  of  any  thing  sold 
or  lent,  he  slial  neither  after  take  any  thing  from  him 
or  them  by  force,  for,  or  toward  satisfaction,  nor  dis- 
pose of  any  pawn,  or  pledg  so  received,  though  the 
time  set  for  redeeming  it  be  enquired,  without  either 
consent  of  the  Indian,  or  license  from  the  court,  or 
from  the  authority  setled  in  the  Plantation  where 
lives. 

Indians,  see  further,  into  the  title  of  Inn-keepers, 
Tipling,  and  Drunkenness. 

Indictments. 

If  any  person  shall  be  indicted  of,  or  legally 
charged  with  any  capitall  crime  (who  is  not  then  in 
durance)  and  shal  withdraw,  or  refuse  to  render  his 
person  to  some  magistrate,  or  officer  for  this  jurisdic- 
tion, within  one  moneth,  after  three  proclamations 
publickly  made  in  the  town,  or  plantation  where  he 
did  formerly  usually  abide,  there  being  a  full  moneth 
betwixt  proclamation  and  proclamation ;  his  lands 
and  goods  shall  be  seized  to  the  use  of  the  jurisdic- 
tion (and  ordered  with  due  respect  to  his  family,  as 
the  court  of  magistrates  shal  judge  meet)  till  he 
make  his  lawful  appearance.  And  such  withdrawing 
of  himself  shall  stand  instead  of  one  witnesse  to 
prove  the  crime  charged,  unlesse  he  can  make  it  ap- 
peare  to  the  court  that  he  was  necessarily  hindered. 

Inkeepers,  Tipling,  Drunkenness. 
It  is  ordered,    &c.    That  no   person,    or  persons, 
shall  at  any  time  hereafter,  under  any  pretence  or 
colour  whatsoever,  undertake  or  become  a  common 


234:  LAWS  OF 

victualer,  keeper  of  a  cooke's  shop,  or  house  for  com- 
mon entertainment,  tavern,  or  publick  seller  of  wine, 
ale,  strong  beere,  or  strong  liquor  by  retaile  within  this 
jurisdiction ;  nor  shall  any  either  directly  or  indirectly, 
sell  any  sort  of  wine  privately  in  his  house,  cellar, 
<fec.  or  out  of  doores,  by  a  lesse  quantity,  or  under 
three  gallons  at  a  time,  without  approbation  and 
license  of  the  plantation-court  to  which  he  belongeth : 
or  where  there  is  no  such  court,  without  the  license 
of  the  constable,  and  major  part  of  the  free-men, 
under  the  penalty  of  five  pounds,  to  be  paid  to  the 
plantation  for  the  first  miscarriage  complained  of, 
and  proved ;  and  ten  pounds  for  the  second  miscar- 
riage so  proved :  And  where  payment  cannot  or  wil 
not  be  made,  imprisonment  during  the  court's  pleas- 
ure, for  the  first  offence,  and  for  the  second  offence, 
such  further  punishment  as  the  court  shall  order. 
And  that  no  person  so  licensed  shal  sell  any  beere, 
or  ale,  above  three  pence  an  ale  quart,  under  the 
penalty  of  three  shillings  and  four  pence  for  such 
miscarriage,  proved  the  first  time,  and  six  shillings 
and  eight  pence  the  second  time.  But  it  is  allowed 
and  ordered,  that  any  man  that  will  may  sell  beere 
or  ale  out  of  doores,  at  a  peny  a  quart,  or  cheaper. 

It  is  further  ordered,  That  whosoever  licensed  as 
before,  selleth  any  sort  of  wine  by  retaile,  that  is,  by 
any  lesse  quantity  then  three  gallons  at  a  time,  he 
shall  pay  to  the  jurisdiction  treasurer  over  and  above 
the  custome  before  mentioned,  after  the  rate  of  forty 
shillings  for  every  but,  or  pipe  so  re-taled ;  and  every 
one,  that  so  selleth  by  retale,  shal  give  a  true  account 
and  notice  to  the  said  treasurer,  or  to  some  other 
officer  appointed  for  that  purpose  in  each  plantation, 
of  the  true  or  f ul  quantity,  which  he  either  buyeth  or 


NE  W  JIA  YEN  COL  ONY.  235 

receiveth  into  his  custody,  and  that  within  one  week 
after  he  is  so  possessed  of  it,  upon  paine  of  forfeiting 
the  same,  or  the  value  thereof ;  and  shal  further  every 
six  months,  truly  account  with  the  jurisdiction's  treas- 
urer, or  other  officer  as  aforesaid,  for  what  he  hath 
sold  by  re.-tale  as  aforesaid,  and  discharge  the  same, 
having  due  allowance  for  what  he  hath  sold  by  greater 
parcels,  then  by  this  order  is  accounted  re-tale ;  and 
in  case  of  delay,  or  neglect  of  payment  after  demand, 
the  treasurer  or  officer  shal  recover  it  by  action  as 
other  debts,  provided  that  if  any  person  shal  give  in 
a  false  account  to  defraud  the  jurisdiction,  upon  due 
proof,  he  shal  pay  double  the  value  of  what  he  would 
so  have  kept  back. 

And  it  is  further  ordered,  That  every  person  so  li- 
censed to  draw  and  sel  strong  beer,  ale,  wine,  or  strong 
liquour,  do  see,  and  take  care  that  good  order,  and  all 
rules  of  sobriety  be  duly  attended  in  his  course,  and 
house,  and  about  the  same ;  and  that  he  neither  see, 
nor  suffer  any  to  be  drunken,  or  to  drink  excessively, 
or  to  continue  tipling  above  the  space  of  an  hour,  or 
at  unseasonable  times ;  or  after  nine  of  the  clock  at 
night  without  weighty  cause;  nor  that  any  children 
or  servants  without  the  consent  of  parents,  or  gov- 
ernors be  permitted  to  sit,  or  stay  there  drinking  or 
unnecessarily  to  spend  their  time  there,  especially  at 
late  or  unseasonable  hours,  but  that  he  duly  complain 
to  authority,  that  all  such  disorders  may  be  seasonably 
suppressed,  under  the  penalty  of  five  shillings  for  the 
first  offence,  with  such  increase  of  fine  for  a  continued 
slightness  or  neglect  as  the  court  shal  determine. 

Provided  notwithstanding,  that  such  licensed  per- 
sons may  entertain  strangers,  land  travellers,  sea-faring 
men,  lodgers,  or  others  for  their  necessary  occasions, 


236  LAWS  OF 

refreshment,  or  during  meales,  when  they  come  from 
their  journies  or  voyages,  or  when  they  prepare  for 
their  journey  or  voyage  in  the  night,  or  next  day 
early,  or  such  may  continue  in  such  houses  of  com- 
mon entertainment,  as  their  business  and  lawful  oc- 
casions may  require,  so  that  there  be  no  disorder 
among  them. 

But  every  person  found  drunken,  namely  so  that 
he  be  thereby  for  the  present  bereaved,  or  disabled 
in  the  use  of  his  understanding,  appearing  in  his 
speech,  jesture,  or  carriage  in  any  of  the  said  houses 
or  elsewhere,  shal  forfeit  for  the  first  time  ten  shil- 
lings ;  and  for  excess  of  drinking,  or  continuing  in  any 
such  place  unnecessarily  at  unseasonable  times,  or 
after  nine  of  the  clock  at  night  five  shillings,  and  for 
continuing  tipling  there  above  the  space  of  an  hour 
two  shillings  six  pence  for  the  first  offence,  and  for  the 
second  offence  in  each  kind,  and  for  all  further  dis- 
order, quarrelling,  or  disturbance,  whether  a  first  or 
second  time,  such  further  fine  or  punishment  as  the 
court  shall  determine. 

And  for  that  God  may  be  much  dishonoured,  and 
many  inconveniences  may  grow  by  the  Indians  dis- 
orderly drinking  of  wine,  strong  water,  and  strong 
beere,  unto  which  they  are  much  addicted  ;  it  is 
ordered,  That  no  person  whatsoever  shall  either  di- 
rectly or  indirectly  within  this  jurisdiction,  sel  any 
wine,  strong  water,  or  strong  beere  to  any  Indian  or 
Indians,  or  procure  any  for  them,  either  to  drink 
within  this  jurisdiction,  or  upon  any  pretence  to  carry 
away  without  special  license  under  the  hand  of  some 
magistrate  of  this  jurisdiction,  or  in  any  plantation 
where  there  is  no  magistrate,  under  the  hand  of  one 
of  the  deputies,  or  constable  where  he  lives ;  and  that 


NEW  HA  YEN  COL ONY.  23 7 

no  license  so  given  shal  serve,  or  be  of  force  any  lon- 
ger then  for  that  one  particular  time,  and  for  the 
limited  quantity  then  granted,  under  the  penalty  of 
five  shillings  for  the  first  offence,  and  ten  shillings 
for  the  second  ;  but  if  any  shal  offend  the  third  time 
therein,  it  is  left  to  the  plantation  court  where  the 
offence  is  committed  to  consider  the  case,  and  to 
inflict  such  punishment  or  increase  of  fine  as  shal  be 
meet ;  and  in  any  plantation,  where  at  present  there 
is  no  court  kept,  the  deputies  last  chosen  for  the 
general  court,  or  constable,  shall  require  the  forfeit- 
ures, and  for  defect  of  payment  make  seizure  of  so 
much  out  of  the  delinquent's  estate ;  but  if  any  person 
shal  offend  the  third  time,  every  such  person  shal  by 
the  said  deputies,  or  constable,  be  bound  over  to 
answer  it  before  the  next  court  of  magistrates. 

Laws  without  penalty. 

It  is  by  this  court  declared  and  ordered,  That  in  all 
laws  and  orders  formerly,  now,  or  hereafter  to  be 
made,  where  no  fine,  or  penalty  is  expressed  and 
limited,  all  transgressors  have  been,  are,  and  shall  be 
lyable  to  such  penalties,  or  punishments  as  the  court 
of  magistrates,  or  any  plantation  court,  to  which  the 
cognizance  appertains,  weighing  the  nature  of  the 
offence,  with  the  circumstances,  shall  judge  meet, 
liberty  of  appeales,  or  complaints,  as  in  other  cases, 
being  duly  preserved. 

Leather p,  and  Shoo-makers. 

Upon  consideration  of  the  damage  or  injury  which 
many  sustaine  by  the  ill  coming  of  leather,  and  by 
the  shooe-makers  ill  making  it  up  into  shooes,  and  boots, 
it  is  by  this  court  ordered,  That  in  every  plantation 


238  LAWS  OF 

•within  this  jurisdiction  where  either  tanner,  or  shooe- 
maker  is  imployed  in  their  trades,  one  or  two  sealers 
shall  be  chosen,  and  appointed,  as  the  occasions  reqvire, 
who  shal  he  under  oath,  faithfully  (according  to  their 
best  ability)  to  discharge  their  trust ;  and  shal  scale 
no  leather,  but  such  as  they  judg  sufficiently  tanned, 
and  fit  to  be  wrought  out,  and  sold  in  shooes,  and 
boots.  And  that  every  such  plantation  shal  have  two 
scales,  to  distinguish  betwixt  good  leather  wel  and 
sufficiently  tanned,  and  such,  as  though  tanned  enough, 
is  in  some  other  respect  defective,  either  by  over- 
liming,  or  for  want  of  being  wel  wrought  upon  the 
beame,  or  by  frost,  or  hath  received  some  dammage  in 
drying ;  so  that  though  it  may  serve  for  inward  or 
middle  soals,  yet  not  for  other  uses  without  dammage 
to  the  bu}Ter ;  all  which  leather  so  defective,  shall  be 
sealed  with  a  different  scale,  that  it  may  known  to  be 
faulty.  But  that  which  is  not  sufficiently  tanned, 
shal  neither  be  sealed,  nor  used  in  boots,  or  shooes, 
til  it  be  duly  tanned.  The  chosing  arid  appointing 
of  which  sealer  or  sealers,  the  print  or  mark,  which 
each  plantation  shal  set  upon  their  seals  for  good,  or 
faulty  leather,  with  the  rate  to  be  allowed  for  sealing, 
being  left  to  the  several  plantations,  but  no  tanner 
within  this  jurisdiction  shal  upon  any  pretense,  sel, 
deliver,  cause,  or  suffer  to  be  delivered,  or  pass  out 
of  his  hands,  or  custody,  any  hide,  or  hides,  til  being 
fully  dry,  they  be  first  sealed  by  the  officer  or  officers 
thereunto  appointed,  under  the  penalty  of  forfeiting 
the  said  leather,  or  the  value  of  it  to  the  plantation 
where  the  offence  is  committed. 

And  it  is  further  ordered,  That  if  any  shooe-maker 
shal  use,  or  put  any  unsealed  leather,  either  in  bootes, 
or  shooes,  or  put  any  of  the  forementioned  faulty 


NE  W  HA  YEN  COLONY.  239 

leather  (though  sealed  as  such)  in  any  outward  soals, 
or  upper  leather,  or  in  any  other  place,  which  may 
be  hurtful  to  the  buyer,  or  wearer ;  or  shall  use  any 
other  way  of  deceit  in  making  up  his  ware,  he  shall 
make  due  and  full  recompence  to  the  person  or  per- 
sons wronged,  and  complaining ;  and  shal  suffer  such 
farther  punishment  as  his  offence  considered  with 
the  circumstances  shal  require;  and  whosoever  shal 
bring  hides  from  any  other  place,  and  shal  sel  or  use 
any  of  them  for  bootes  or  shooes  within  this  jurisdic- 
tion, before  they  be  sealed  by  some  officer  here, 
according  to  the  import  of  this  order,  or  shal  use 
them  in.  bootes,  or  shooes,  contrary  to  the  intent 
thereof ;  the  hides  so  sold  or  used,  or  the  value  of 
them  shal  be  forfeited  to  the  plantation  where  the 
offence  is  committed,  or  such  recompence,  or  line  shal 
be  made  or  paid,  (if  it  grow  only  of  ignorance)  as  the 
case  may  require ;  provided  that  if  both  buyer  and 
seller  be  faulty,  they  shal  pay  the  forfeit  betwixt 
them ;  but  due  tenderness  and  respect  is  to  be  had  of 
an  innocent  stranger  who  brings,  sels,  or  uses  good 
leather,  though  for  want  of  means  to  know  the  law, 
it  were  unsealed. 

Levies,  see  Marshall. 

Lying.  * 

It  is  ordered,  That  if  any  person  above  the  age  of 
fourteen  years  shal  wittingly,  and  willingly  make, 
and  publish  any  lye,  tending  to  the  damage,  or  injury 
of  any  particular  person,  or  with  intent  to  deceive 
and  abuse  the  people,  with  false  newes,  or  reports,  or 
which  may  be  any  way  pernicious  to  the  publick 

*  Taken,  in  substance,  from  the  Massachusetts  law  of  1645,  and 
Connecticut  law  of  1G50.  See,  before,  pages  102,  103. 


240  LAWS  OF 

weale  ;  and  the  same  complained  of,  and  duly  proved 
either  before  any  court  or  magistrate,  or  where  there 
is  no  magistrate,  before  the  constable,  or  other  officer, 
he  calling  one  or  two  of  the  freemen  to  him,  (who 
are  hereby  inabled  to  hear  and  determine  ordinary 
offences  of  this  nature,  according  to  the  tenour  of  this 
law)  the  offender  shal  pay  to  the  plantation  where  he 
is  prosecuted  for  his  lying,  as  it  is  a  sin  against  God, 
for  the  first  offence  ten  shillings;  and  if  after  such 
conviction,  he  offend  the  second  time,  he  shal  pay  for 
that  second  offence  twenty  shillings ;  which  fines,  or 
penalties  shal  be  severally  levied  as  in  other  cases. 
But  if  any  such  person  be  not  able,  or  utterly  refuse 
to  pay  the  said  fines,  or  either  of  them,  he  shall  in 
Buch  case  be  committed  to  the  stocks ;  and  for  the  first 
offence  shal  continue  there  betwixt  one  and  two  hours ; 
for  the  second  offence  betwixt  three  and  four  hours. 
But  if  he  offend  the  third  time,  he  shal  be  publickly 
whipt  for  the  same ;  each  person  being  notwithstand- 
ing left  his  liberty,  to  proceed  further  by  action  of 
of  slaunder,  defamation,  or  otherwise,  aa  the  case  may 
require.  But  the  said  court,  magistrate,  or  other 
officer,  as  before,  finding  weighty  aggravations  in  the 
case,  either  in  the  sin  against  God,  or  disturbance,  and 
damage  to  the  publick,  are  to  proceed  accordingly ; 
or  if  need  require  may  bind  the  offender  over  to  the 
court  of  magistrates. 

Magistrates,  or  oilier  Judges  in  relation. 
To  prevent  occasions  and  jealousies  of  partial  and 
undue  proceedings  in  courts  of  justice:  It  is  ordered, 
That  no  magistrate,  or  deputy  shal  sit  as  a  Judge,  or 
among  the  Judges  when  any  cause  of  his  own  is  tryed ; 
and  that  in  every  case  of  civil  nature  between  party, 


NE  W  HA  YEN  COL  ONY.  241 

and  party,  where  there  shal  fal  out  so  near  relation 
between  any  judg,  and  any  of  the  parties,  as  betwixt 
father,  and  son,  either  by  nature,  or  marriage,  brother 
and  brother,  uncle  and  nephew,  landlord  and  ten- 
nant  in  matters  of  considerable  valew,  wherein 
any  of  them  being  one  of  the  judges  is  concerned ; 
such  judge  though  lie  may  be  present  at  the  tryal,  and 
may  propound  and  hold  forth  light  in  the  case,  yet  he 
elial  neither  sit  as  judg,  nor  shal  have  power  to  vote 
or  pass  sentence  therein  ;  and  in  case  the  court  with- 
out such  magistrate  or  deputy  may  not  proceed,  either 
two  magistrates  may  be  called  in,  or  the  matter  refer- 
red to  the  court  of  magistrates  if  it  be  not  otherwise 
to  just  satisfaction  issued. 

Manslaughter. 

It  is  ordered,  That  if  any  person  in  the  just  and 
necessary  defence  of  his  own  life,  or  the  life  of  another, 
shal  kil  any  person  attempting  to  robb,  or  murther  in 
the  field,  high-way,  or  other  place,  or  to  break  into  any 
dwelling  house,  if  he  cannot  otherwise  prevent  the 
mischiefe,  or  with  safety  of  his  own  person  take  the 
i'ellon,  or  assailant,  and  bring  him  to  tryal,  he  shal  be 
holden  blameless.'* 

Marriage. 

For  the  preventing  of  much  inconvenience  which, 
may  grow  by  clandestine  and  unlawful  marriages  :  It 
is  ordered,  That  no  persons  shal  be  either  contracted, 
or  joyned  in  marriage  before  the  intention  of  the 
parties  proceeding  therein,  hath  been  three  times  pub- 
lished, at  some  time  of  ptiblick  lecture,  or  town 
meeting  in  the  town,  or  towns  where  the  parties,  or 

*  From  Massachusetts  law  of  1647,  and  Conn.  Code  of  1650. 
See,  before,  p.  105. 
11 


242  LAWS  OF 

either  of  them  dwel,  or  do  ordinarily  reside ;  or  be  set 
up  in  writing  upon  some  post  of  their  meeting  house 
door,  in  publick  view,  there  to  stand  so  as  it  may  be 
easily  read  by  the  space  of  fovrteen  daies ;  and  that 
no  man  unless  he  be  a  magistrate  in  this  jurisdiction, 
or  expressly  allowed  by  the  general  court  shall  marry 
any  persons,  and  that  in  a  publick  place,  if  they  be  able 
to  go  forth  under  the  penalty  of  five  pounds  fine  for 
every  such  miscarriage. 

And  the  court  considering  that  much  sin  hath  been 
committed  against  God,  and  much  inconvenience  hath 
growen  to  some  members  of  this  jurisdiction  by  the 
irregular  and  disorderly  carriage  of  young  persons  of 
both  sexes,  upon  purpose  or  pretence  of  marriage,  did 
and  do  order,  that  whosoever  within  this  jurisdiction 
shal  attempt,  or  indeavor  to  inveagle,  or  draw  the 
affections  of  any  maide,  or  m aide-servant,  whether 
daughter,  kinswoman,  or  in  other  relation,  for  himself, 
or  for  any  other  person,  without  the  consent  of  father, 
master,  guardian,  governor,  or  such  other,  who  hath 
the  present  interest,  or  charge,  or  ( in  the  absence  of 
such)  of  the  nearest  magistrate,  whether  it  be  by 
speech,  writing,  message,  company-keeping,  unneces- 
sary familiarity,  disorderly  night  meetings,  sinful 
dalliance,  gifts,  or  any  other  way,directly  or  indirectly, 
every  such  person  (beside  all  damages  which  the 
parent,  governor  or  person  intrusted  or  interessed, 
may  sustain  by  such  unlawful  proceedings  )  shall  pay 
to  the  plantation  forty  shillings  for  the  first  offence  ; 
and  for  the  second  offence  towards  the  same  party 
four  pounds ;  and  for  the  third  offence  he  shal  be 
further  fined,  imprisoned,  or  corporally  punished,  as 
the  plantation  court,  or  court  of  magistrates  consider- 
ing all  circumstances  shal  determine. 


NE  W  II A  YEN  COL  ONY.  243 

And  whereas  some  persons  men  or  women  do  live, 
or  may  come  to  settle  within  this  colony,  whose  wives, 
or  husbands  are  in  England  or  elsewhere,  by  means 
whereof  they  are  exposed  to  great  temptations,  and 
some  of  them  live  under  suspition  of  uncleanesse,  if 
they  do  not  fal  into  lewd  and  sinful  courses :  It  is 
therefore  ordered,  That  all  such  persons  living  within 
this  jurisdiction,  shal  by  the  first  opportunity,  repair 
to  their  said  relations,  (unless  such  cause  be  shewen  to 
the  satisfaction  of  the  plantation  court,  that  further 
respite  and  liberty  be  given)  under  the  penalty  of  pay- 
ing twenty  pounds  fine,  for  contempt,  or  neglect 
herein.  Provided  that  this  order  do  not  extend  to 
such  as  are,  or  shal  come  over  to  make  way  for  their 
families,  or  are  in  a  transient  way  for  traffick,  mer- 
chandise, or  other  just  occasions  for  some  smal  time. 

Marshall. 

That  justice  may  be  the  better  executed,  the  juris- 
dictions occasions  carried  on,  and  that  the  marshal 
and  other  officers  may  know  how  to  demean  them- 
selves in  their  places;  It  is  ordered,  that  in  case  of 
rates  and  fines  to  be  leavied,  and  in  case  of  debts,  and 
executions  in  civil  actions ;  the  officer  shall  first  de- 
mand the  summ  due  of  the  party,  or  at  his  house,  or 
place  of  usual  abode,  but  upon  refusal  or  non-pay- 
ment, he  shal  have  power  ( calling  in  such  assistance 
as  the  case  may  require)  to  break  up  the  door  of  any 
house,  chest,  or  place  where  he  shal  conceive,  or  have 
notice,  that  any  goods  liable  to  such  leavy  or  execu- 
tion shal  be ;  and  if  he  be  to  take  the  person,  he  may 
do  the  like,  if  upon  demand  he  shal  refuse  to  render 
himself ;  and  whatever  charges  the  officer  in  any  such 
case  shal  be  put  unto,  he  ehal  have  power  to  leavy 


244  LAWS  OF 

the  same,  as  he  doth  the  debt,  assesment,  or  fine ; 
and  in  case  the  officer  be  put  to  leavy  any  such  goods, 
as  cannot  without  considerable  charge,  be  conveyed 
to  the  place  where  the  treasurer,  or  party  dwelleth, 
who  should  receive  the  same,  he  shal  levy  the  said 
charge  also,  with  the  rest ;  provided  it  shall  not  be 
lawful  for  any  such  officer,  to  leavy  any  man's  neces- 
sary bedding,  apparel,  tooles,  armes,  or  such  imple- 
ments of  houshold  stuff,  as  serve  for  his  necessity, 
without  express  direction  from  the  court,  upon  whose 
sentence,  the  execution  or  seizure  was  grounded,  or 
at  least,  of  some  magistrate  of  the  jurisdiction,  but  in 
such  cases  he  shal  leavy  his  land  or  person.  And  in 
no  case  shal  the  officer  be  put  to  seek  out  any  man's 
estate,  furthur  than  his  place  of  abode;  but  if  the 
party  wil  not  discover  his  goods,  or  lands  to  a  sufficient 
value,  the  officer  may  take  his  person. 

And  to  prevent  the  inconveniences  which  may 
grow  by  the  slightness  of  some  men's  spirits,  who  are 
apt  to  neglect  and  violate  wholsome  orders  and  laws, 
made  in  the  jurisdiction,  or  plantations,  It  is  ordered, 
That  whosoever  shal  be  fined  by  any  court  for  any 
disorder,  or  breach  of  law,  every  such  person  shal 
forthwith  pay  the  fine,  or  penalty,  or  put  in  security 
speedily  to  do  it,  or  else  shal  be  imprisoned,  or  kept 
to  work,  if  the  court  upon  due  consideration  of  per- 
sons,  and  circumstances  judge  it  not  meet  to  make 
other  seizure. 

Masters,  and  Servants,  &c. 

It  is  ordered,  &c.  That  no  servant  male,  or  female, 
or  other  person  under  government,  shall  without  li- 
cense from  his,  her,  or  their  masters  or  governors, 
either  give,  sel,  or  truck  any  commodity  whatsoever, 
during  the  time  of  their  service,  or  subjection,  under 


NE  W  HA  YEN  COL  ONY.  245 

the  paine  of  such  fine,  or  corporal  punisnment,  as  the 
court  upon  a  due  consideration  of  the  offence  shal  judg 
meet;  and  that  whosoever  shal  receive  from,  or  trade 
with  any  child,  son,  or  daughter,  under  age,  and  under 
government,  or  with  any  servant,  or  servants,  in  a 
suspitious  disorderly  manner,  or  shal  harbor  or  enter- 
taine  any  such  in  the  night,  or  at  other  unseasonable 
times,  or  shal  suffer  them  disorderly  to  meet  at  any 
place  within  their  power,  or  to  play  at  shovel-board, 
or  other  game,  or  games,  to  drink,  spend  mony,  or 
provisions,  or  shal  use  or  suffer  any  offensive,  sinful 
carriage,  conference,  counsel,  or  songs,  which  in  their 
nature  tend  to  corrupt,,  all  such  persons  shal  be  liable 
to  such  fines,  or  other  punishment,  as  the  court  shal 

judge  meet. 

Maymtng,  Wounding,  &c. 

If  any  shal  in  distempered  passion,  or  otherwise, 
sinfully  hurt,  wound,  or  maime  another,  such  person 
shal  be  punisht  by  fine,  with  some  valuable  recom- 
pence  to  the  party ;  and  shal  pay  for  the  cure,  with 
losse  of  time,  &c.  And  when  the  case  requires  it,  the 
court  of  magistrates  are  duly  to  consider  the  mind  of 
God,  as  it  is  revealed,  Exod.  21.  18,  to  the  28.  Levit. 
24.  19,20. 

Military  Affairs. 

For  as  much  as  the  well  managing  of  the  militia,  is 
under  God,  in  all  places,  of  great  import,  and  concern- 
ment, for  publick  peace,  and  safety  :  It  is  orderd,  That 
(beside  a  general  stock  of  guns,  powder,  shot,  match, 
&c.  provided  and  kept  in  store  by  each  plantation  in 
this  jurisdiction,  according  to  former  agreements  of 
the  Commissioners  for  the  United  Colonies,  and  orders 
of  this  court,  which  they  are  hereby  required  to  keep 
continually  f ul,  and  in  a  constant  readiness  for  service, 


246  LAWS  OF 

upon  all  occasions,  and  by  their  deputies  to  make  a 
true  certificate  thereof  yerely  to  the  general  court) 
every  male  within  this  jurisdiction  from  sixteen,  to 
sixty  years  of  age,  (not  freed  by  publick  allowance) 
shal  be,  and  from  time  to  time  continue  wel  furnished 
with  arms,  and  all  other  suitable  provision ;  namely  a 
good  serviceable  gun,  such  as  shal  be  ordered  by  the 
court,  and  allowed  by  the  military  officers,  to  be  kept 
in  a  constant  fitness  in  all  respects  for  service,  with 
a  fit,  and  sufficient  rest,  a  good  sword,  bandaleers,  or 
home,  a  worme,  a  scourer,  a  priming  wire,  shot  bagg, 
charger,  and  whatsoever  else  is  necessary  for  such 
service,  with  a  pound  of  good  powder,  four  pounds  of 
pistol  bullets,  or  four  and  twenty  bullets  fitted  for  the 
gun,  four  f addom  of  serviceable  match,  for  a  match- 
lock gun,  five  or  six  good  flints  fitted  for  every  firelock 
gunn,  under  the  penalty  of  ten  shillings  for  any 
defect  ;  and  the  military  officers  are  hereby  required 
to  give  or  send  in  an  account  yearly  in  May,  from 
each  plantation,  to  the  general  court,  or  court  of 
magistrates,  how  the  inhabitants  are  furnished  and 
provided. 

That  in  each  plantation  within  this  jurisdiction, 
according  to  the  number  of  soldiers,  in  their  trained 
band,  and  as  they  are  furnished  with  able  men  for 
such  a  service,  and  trust,  military  officers  as  need  re- 
quireth,  shal  from  time  to  time  be  chosen.  And  all  the 
freemen  in  each  plantation  shal  have  their  vote,  in 
the  nomination,  and  choice  of  them ;  provided  that 
none  but  freemen  be  chosen.  And  that  every  captain, 
and  chief e  officer,  chosen  in  any  of  the  plantations,  for 
the  military  affairs,  shal  from  time  to  time  be  propoun- 
ded to  the  next  general  court,  after  he  is  chosen,  for 
approbation  and  confirmation.  And  if  the  said  court, 


NE  W  HA  YEN  COL  ONY.  247 

have  any  just  exception,  against  any  so  propounded,  the 
freemen  shall  proceed  to  a  new  choice,  that  the  jurisdic- 
tion may  be  furnished  with  such  officers,  as  in  whom 
they  may  satisfyingly  confide. 

That  in  each  plantation,  the  captain  or  chief  military 
officer  shal  once  in  each  quarter  of  a  year,  at  least,  but 
of tener  if  there  be  cause,  order,  or  take  a  strict  view, 
how  every  male,  from  sixteen  to  sixty  years  of  age  is 
furnished  with  arms,  and  provisions,  according  to  the 
former  directions,  and  where  any  are  found  faulty,  the 
clark  or  some  other  officer  shal  duly  present  their 
names,  with  each  defect  to  the  next  plantation  court, 
or*  to  such  officer  (where  there  is  no  court)  who  hath 
a  trust  in  civil  affairs,  that  the  fines  and  penalties  may 
from  time  to  time  be  duly  leavied.  And  if  this  view 
of  arms,  &c.  shall  at  any  time  be  neglected,  or  the 
defects  not  duly  presented  ;  the  captain  or  chief  mili- 
tary officer,  or  the  other  officer  ordered  to  take  this 
view,  or  the  clark,  or  officer  appointed  to  present,  &c. 
shall  pay  forty  shillings  each  quarter  when  this  service, 
or  any  part  of  it,  is  omitted  as  the  fault  upon  examin- 
ation shal  joyntly  or  severally  be  justly  charged. 

There  shal  be  in  each  plantation  within  this  juris- 
diction, every  year  at  least  six  training  daies,  or  daies 
of  pnblick  military  exercise  to  teach  and  instruct  all 
the  males,  above  sixteen  years  of  age,  (who  are  not 
freed  from  that  service)  in  the  comly  handling,  and 
ready  use,  of  their  arms  in  all  postures  of  war,  to 
understand  and  attend  all  words  of  command ;  and 
further,  to  fit  all  such  as  are  in  some  measure  instructed 
for  all  military  service,  against  there  be  occasion  un- 
der the  penalty  of  forty  shillings,  to  be  leavied  of  the 
military  officers,  as  the  court  upon  examination  shal 
find  them  more  or  lesse  faulty,  and  with  respect  to 


248  LAWS  OF 

their  places,  the  greater  trust  paying  the  greater  fine 
for  neglect ;  which  dayes  of  training  shal  be  some  of 
them  in  the  spring  of  the  year,  before  harvest,  and 
some  in  the  latter  end  of  the  summer,  before  winter, 
as  may  best  suit  each  plantation,  but  at  no  time  any 
two  of  these  traynings  shal  be  within  fourteen 
dayes  one  of  another.  And  it  is  further  ordered,  That 
on  every  such  training  day,  the  captain  or  chief  mili- 
tary officer  present,  cause  the  names  of  all  the  soldiers 
to  be  read,  at  least  in  the  forenoone,  but  in  the  after- 
noon also  if  he  see  cause.  And  whosoever  in  any 
training  day  shal  be  totally  absent,  shal  pay  five  shil- 
lings for  every  such  default,  whosoever  shal  at  any 
time  of  the  day  withdraw  himself  from  the  service, 
without  leave  from  the  chief  military  officer  present, 
he  shall  pay  either  as  for  total  absence,  or  a  greater  or 
lesse  fine,  as  the  offence  considered  in  all  circumstan- 
ces may  require ;  And  whosoever  shal  come  late,  shal 
pay  for  each  such  default  one  shilling ;  and  for  any 
other  disorderly  offensive  carriage,  according  to  the 
nature  and  measure  of  it.  This  court  expecting  from 
each  plantation,  that  they  suffer  not  men  to  neglect,  or 
grow  slight  in  a  service  of  such  import. 

That  a  fourth  part  of  the  trained  band  in  every  plan- 
tation shal  in  their  course,  as  the  military  officer  shal 
order,  come  constantly  to  the  publick  worships  of 
God  every  Lord's  day,  and  (such  as  can  come)  on 
lecture  dayes,  to  be  at  the  meeting-house,  at  latest, 
before  the  second  drum  hath  left  beating,  with  their 
arms  compleat,  their  guns  ready  charged,  their  match 
for  their  match-locks,  and  flints  ready  fitted  to  their 
fire-lock  guns,  with  shott  and  powder  for  at  least  five 
shot,  beside  the  charge  in  their  guns,  under  the  pen- 
alty of  two  shillings  fine,  for  every  person  negligent, 


NE  W  HA  YEN  COL  ONY.  249 

or  defective  in  furniture,  and  for  late  coming  one  shil- 
ling. The  sentinal  also,  and  they  that  walk  the  round 
shal  have  their  matches  lighted,  during  the  time  of 
their  meeting,  if  they  use  their  matchlocks,  and  shal. 
diligently  and  faithfully  attend  their  duty  under  such 
further  penalty  as  the  breach  of  such  a  trust  may  re- 
quire. 

That  a  strict  watch  be  constantly  kept  in  the  night, 
in  all  the  plantations  within  this  jurisdiction,  accord- 
ing to  all  such  orders,  as  shal  from  time  to  time  be 
made,  either  by  the  general  court,  or  by  plantation 
courts,  or  officers  intrusted  for  civil  affairs,  where 
there  is  no  court ;  and  that  both  for  number  of  watch- 
men, in  each  plantation,  the  time  of  setting  or  begin- 
ning the  watch  every  night,  their  rising,  and  leaving 
it  in  the  morning,  and  all  other  carriage,  and  duties  in 
managing  this  trust,  they  duly  attend  and  observe  all 
directions  given.  And  it  is  left  to  the  care  and  consid- 
eration of  the  governor,  magistrates,  officers,  or  any  of 
them,  as  the  case  may  require,  to  double,  or  further  to 
increase  the  watch  by  night,  in  times  of  danger,  and 
to  appoint  some  competent  number  of  men  to  ward  or 
walk  by  day,  with  their  armes,  in,  or  about  the  plan- 
tation, as  may  best  tend  to  the  publick  safety ;  And  if 
any  watchman,  or  war'der  do  at  any  time  neglect  his 
duty,  either  in  coming  too  late  to  the  service,  or  de- 
parting too  soon  from  it,  not  coming  completely  fur- 
nished with  arms,  according  to  order,  or  any  other 
way  neglecting  duty,  or  falsfying  his  trust,  he  shal  pay 
such  fine,  or  receive  such  punishment  as  his  neglect  or 
unfaithfulnesse  deserves,  that  both  himselfe  may  be 
warned,  and  others  may  feare  to  be  slight,  or  false  in 
a  matter  of  such  concernment. 

But  upon  consideration  of  publick  service,  and  other 
11* 


250  LAWS  OF 

due  respects,  It  is  ordered,  That  all  Magistrates  within 
this  jurisdiction,  and  teaching  Elders,  shal  at  all  times 
hereafter,  be  freed,  not  onely  in  their  persons,  but 
each  of  them,  shall  have  one  son  or  servant  by  vertue 
of  his  place  or  office,  freed  from  all  watching,  warding, 
and  training.  And  it  is  further  ordered,  That  all 
ruling  elders,  deputies  for  courts  intrusted  for  judica- 
ture, all  the  chief  military  officers,  as  captains,  lieften- 
ants,  and  ensignes,  the  jurisdiction  treasurer,  deacons, 
and  all  physitians,  schoolmasters,  and  surgeons  allowed 
by  authority  in  any  of  these  plantations,  all  masters 
of  ships  and  other  vessels,  above  fifteen  tun,  all  pub- 
lick  millers,  constantly  imployed,  with  others  for  the 
present  discharged  for  personal  weakness  and  infirm- 
ity, shal  in  their  own  persons,  in  time  of  peace  and 
safety,  be  freed  from  the  said  services  ;  And  that  all 
other  seamen  and  ship  carpenters,  and  such  as  hold 
farms,  above  two  miles  from  any  of  the  plantations, 
train  onely  twice  a  yeare,  at  such  times  as  shal  be 
ordered,  either  by  the  authority,  or  by  the  military 
officers  of  the  plantation.  But  all  persons  freed  and 
exempted  from  the  respective  services,  as  before,  shall 
yet  in  all  respects,  provide,  keep,  and  maintain  in  a 
constant  readinesse,  compleat  arms,  and  all  other  mil- 
itary provisions  as  other  men,  magistrates  and  teaching 
elders  excepted,  who  yet  shal  be  constantly  furnished 
for  all  such  sons  and  servants  as  are  hereby  freed 
from  the  forementioned  services. 

Ministers  maintenance,  see  Ecclesiastical  provisions. 
Oppression. 

To  prevent,  or  suppress  much  sin  against  God,  and 
much  damage  to  men,  which  doth,  and  may  grow  by 
such  as  take  liberty  to  oppress,  and  wrong  others,  by 


NE  W  HA  YEN  COL  ONT.  251 

taking  excessive  wages  for  work,  or  unreasonable 
prises  for  commodities :  it  is  ordered,  That  if  any  shal 
offend  in  either  of  the  said  cases,  upon  complaint  and 
proof,  every  such  person  shal  be  punished  by  fine,  or 
imprisonment,  according  to  the  quality  and  measure 
of  the  offence,  as  the  court  shal  judge  meet. 

x  Plantations. 

Whereas  the  freemen  of  every  town,  or  plantation, 
within  this  jurisdiction,  have  in  sundry  particulars 
liberty  to  make  orders  among  themselves,  as  about 
fencing  their  land,  ordering  or  keeping  their  cattel,or 
swine,  &c.  as  may  best  suite  with  their  own  con- 
veniency  ;  It  is  by  this  court  ordered,  That  if  any 
greater  cattel,  of  what  sort  soever,  or  swine,  belonging 
to  one  plantation,  be  found  either  unmarked,  or  proved 
to  have  done  trespass,  or  both,  within  the  limits  of 
another  plantation ;  The  damage  being  duly  rated, 
the  owners  of  such  cattel,  or  swine,  shal  from  time  to 
time,  pay  all  fines  and  damages,  according  to  the  just 
agreements,  and  orders,  made  by  the  plantation,  where 
the  trespass  is  done;  provided  that  the  orders*  be 
such,  and  no  other,  then  what  they  make,  and  execute 
upon  themselves,  in  like  cases. 

Pound,  Pound  breach. 

For  prevention,  or  due  recompence  of  damages  in 
corne-fields,  or  other  places  done  by  cattel,  or  swine ; 
It  is  ordered,  That  there  shal  be  one  sufficient  pound, 
or  more,  made,  and  maintained  in  every  plantation 
within  this  jurisdiction,  for  the  impounding  of  such 
cattel,  or  ewine,  as  shal  be  found  in  any  corne-field, 
other  inclosure,  or  place  .prohibited,  til  it  may  appear, 
where  the  fault,  and  damage  ought  to  be  charged. 


252  LAWS  OF 

And  whoso  impounds  any  cattel,  or  swine,  shal  give 
present  notice  to  the  owner,  if  he  be  known,  other- 
wise they  shal  be  cryed  at  the  two  next  lectures,  or 
most  publick  meetings,  but  if  yet  the  owner  be  not 
found,  then  fine,  and  damages  to  be  recovered,  as  in 
the  order  about  cattel,  &c.  And  if  any  of  them 
escape  out  of  the  pound ;  the  owners  if  known,  shal 
pay  all  just  damages  and  charges. 

But  if  any  person,  or  persons,  shal  resist,  or  rescue 
any  cattel  or  swine  going,  or  driven  toward  the  pound, 
or  shal  by  any  way,  or  meanes,  get,  or  convey  any 
such  out  of  the  pound,  without  due  order  from  lawful 
authority,  setled  by  this  court,  he  or  they,  shall  pay 
for  such  rescue,  or  disorder,  forty  shillings,  and  in 
case  of  pound  breach  five  pounds,  beside  just  dam- 
ages to  the  party  wronged.  And  if  in  the  rescue,  any 
bodily  harme  be  done  to  any  person,  he,  or  they,  may 
have  remedy  from  the  rescuer,  or  rescuers ;  and  if 
any  such  miscarriage  be  committed  by  any  not  able, 
or  refusing  to  answer  the  forfeiture  and  damage, 
every  such  person  shal  sustain  such  bodily  punish- 
ment, as  the  court  shal  judge  meet,  and  shal  answer 
all  damage  to  the  party  by  service,  if  estate  cannot 
be  found,  as  in  the  case  of  other  just  debts ;  arid  if  it 
appear  there  were  any  procurer,  or  abettor  of  any  the 
former  offences,  every  such  person  shal  be  liable  to 
forfeiture,  dammage,  or  punishment,  as  if  himselfe 
had  done  it. 

Prophanation  of  the  Lord?s  Day. 
Whosoever  shall  prophane  the  Lord's  day,  or  any 
part  of  it,  either  by  sinful  servile  work,  or  by  un- 
lawful sport,  recreation,  or  otherwise,  whether  wil- 
fully, or  in  a  careless  neglect,  shal  be  duly  punished 


NE  W  II A  YEN  COLONY. 

by  fine,  imprisonment,  or  corporally,  according  to  the 
nature,  and  measure  of  the  sinn,  and  offence.  But  if 
the  court  upon  examination,  by  clear,  and  satisfying 
evidence  find  that  the  sin  was  proudly,  presump- 
tuously, and  with  a  high  hand  committed  against  the 
known  command  and  authority  of  the  blessed  God, 
such  a  person  therein  despising  and  reproaching  the 
Lord,  shal  be  put  to  death,  that  all  others  may  feare 
and  shun  such  provoking  rebellious  courses ;  Numb. 
15.  from  30  to  36  verse. 

Prophane  swearing,  or  cursing. 

If  any  person  within  this  jurisdiction,  shal  swear 
rashly  and  vainly,  either  by  the  holy  name  of  God, 
or  any  other  oath,  or  shal  from  distempered  passion, 
or  otherwise  curse  another,  he  shal  forfeit  to  the 
plantation  where  he  so  offends,  for  the  first  offence, 
10^.  And  if  after  such  conviction,  he  offend  the 
second  time,  he  shal  pay  for  that  second  offence  20s. 
and  it  shal  be  in  the  power  of  any  magistrate  alone, 
or  where  there  is  no  magistrate,  of  any  constable,  or 
deputy  of  a  particular  court,  calling  in  to  him  one 
or  two  of  the  freemen,  to  warne,  or  cal  such  a  person 
before  him,  and  upon  sufficient  proof,  to  pass  sentence, 
and  leavy  the  said  penalties,  according  to  the  usual 
order  of  justice  in  this  jurisdiction.  But  if  any  such 
person  be  not  able,  or  utterly  refuse  to  pay  the  fore- 
mentioned  fines,  or  any  of  them,  he  shal  in  such  case, 
be  committed  to  the  stocks,  and  for  the  first  offence, 
shal  continue  there,  betwixt  one  and  two  hours;  for 
the  second  offence,  betwixt  three  and  four  hours.  But 
if  the  said  person,  notwithstanding  such  former  pro- 
ceedings, shal  offend  the  third  time,  by  such  swear- 
ing, or  cursing,  he  shal  be  whipped,  for  his  incorrigible 


254:  LAWS  OF 

prophaneness.  But  if  swearing  and  cursing  go  botli 
together,  or  be  accompanied  with  other  sinful  aggra- 
vations, such  miscarriages  shal  be  punished  with  a 
higher  fine,  or  corporally  with  due  severity,  as  the 
court  shal  judge  meet. 

Rates,  Fines  etc. 

Whereas  much  inconvenience  may  arise  by  the 
neglect  of  officers  in  collecting,  and  seasonably  paying 
in,  all  such  rates,  fines,  and  debts,  as  from  time  to 
time,  grow  due  to  the  jurisdiction  treasury;  It  is 
ordered,  That  in  each  plantation,  where  the  officer,  or 
collector,  doth  not  at  the  time  appointed  for  the  pay- 
ment of  all  such  rates,  and  fines,  or  at  furthest  within 
one  moneth  after  (though  his  office  within,  or  after 
that  month,  be  expired,)  and  that  by  distress, 
whereunto  he  is  hereby  inabled,  when  a  milder  course 
wil  not  serve,  gather,  and  receive  them,  in  some  such 
pay,  as  this  court  hath  appointed,  and  presently, 
without  delay,  pay  them  in,  as  each  plantation  hath, 
or  shal  order  ;  that  the  jurisdiction  treasurer  may  be 
duly  furnished  for  the  publick  occasions ;  that  then 
the  particuler  court,  or  constable,  in  each  plantation, 
cause  the  said  rates,  and  fines  to  be  leavied  by  dis- 
tress, out  of  the  proper  estate  of  such  remiss  collector, 
or  officer,  to  prevent  further  inconvenience,  and  dis- 
.  turbance  to  the  plantation.  But  if  any  such  officer, 
or  collector,  be  removed  out  of  the  jurisdiction,  or  if 
any  of  the  planters  be  dead,  removed,  or  grown  insol- 
vent, or  if  by  any  other  meanes,  the  ful  payment  of 
the  rates,  and  fines  be  hindred,  the  present  authority 
in  any  such  plantation  by  a  due  assessment,  are  to 
leavy,  and  gather  the  same,  of  the  present  planters, 
and  without  delay,  to  pay  it  in  to  the  jurisdiction 


NE  W  HA  YEN  COL  ONY.  255 

treasurer ;  otherwise  the  cattel,or  other  goods,  of  any 
planter,  or  planters,  are  to  be  seized  by  the  marshal, 
or  other  officer,  with,  or  without  assistants,  as  in  the 
law  for  publick  charges  is  exprest. 

Records. 

It  is  ordered,  That  all  parents,  masters,  house- 
keepers, and  others  who  have  either  children,  servants, 
sqjourners,  or  lodgers  in  the  house,  or  dwelling  with 
them  shal  bring  in  to  the  secretary  of  the  plantation, 
where  he  lives,  or  to  such  other  officer  in  each  planta- 
tion as  shal  be  thereunto  appointed,  the  names  of  such 
persons  belonging,  or  in  any  way  referring  to  them,  or 
any  of  them,  as  shal  either  be  born,  or  dye,  with  the 
respective  time  of  each  such  birth,  or  death.  And 
also  that  every  new  married  man  (if  married  within 
this  jurisdiction)  shal  bring  in  the  certificate  thereof, 
under  the  hand  of  the  magistrate  or  officer  that 
married  him,  with  the  time  when,  to  be  recorded  first 
by  the  officer  of  the  plantation,  where  he  was  married  ; 
but  if  married  in  another  jurisdiction,  though  at 
present  or  after  he  come  to  be  an  inhabitant  in  this, 
then  to  record  the  marriage  where  he  livcth ;  and  to 
pay  for  every  record,  whether  birth,  death,  or  mar- 
riage, three  pence,  whereof  two  pence  for  each  such 
record,  shal  be  to  the  officer  in  each  plantation,  who 
shal  both  record  in  the  plantation  book,  and  yearly 
deliver  or  send  a  transcript  of  every  birth,  death,  or 
marriage,  with  a  peny  for  each,  to  the  secretary  for 
the  general  court :  and  what  person  soever  (to  whom 
it  doth  belong)  shal  neglect  to  bring  in  a  note,  or 
certificate,  as  aforesaid,  together  with  three  pence  for 
each  record,  to  the  said  plantation-officer,  more  then 
one  month,  after  each  birth,  death,  or  marriage,  he 


256  LAWS  OF 

shal  pay  for  each  six  pence  to  the  said  officer ;  if  he 
neglect  two  months,  he  shal  pay  twelve  pence ;  if 
three  moneths,  five  shillings ;  which  forfeits  shal  go, 
two  third  parts  to  the  plantation-officer,  the  rest  to 
the  jurisdiction-officer.  And  if  the  plantation-officer 
shal  either  neglect  to  record,  or  to  deliver  over  the 
transcripts,  as  before ;  or  if  the  secretary  for  the  gen- 
eral-court, shal  neglect  to  record  them,  each  officer  for 
every  such  neglect  shal  pay  to  the  jurisdiction-treasurer 
ten  shillings. 

It  is  further  ordered  and  declared,  That  every  man 
shal  have  liberty  to  record  in  the  publick  register  of 
any  court,  any  testimony  given  upon  oath,  in  the 
same  court,  or  before  two  magistrates,  or  any  deed  or 
evidence,  legally  confirmed,  there  to  remain  in  per- 
petuam  rei  memoriam  /  and  that  every  inhabitant  in 
this  jurisdiction,  shal  have  free  liberty  to  search,  and 
view  any  such  publick  records  or  registers,  and  to 
have  a  copie  thereof,  written,  examined,  and  signed 
by  the  secretary,  or  officer  of  the  said  court,  paying 
the  due  charge  or  fees  therfore.  Also  every  trial 
betwixt  party  and  party,  and  proceedings  against 
delinquents  in  criminal  causes,  shal  be  briefly  and 
distinctly  recorded,  the  better  to  prevent  after  mistakes, 
and  other  inconveniences. 

Replevin. 

It  is  ordered  and  declared,  That  every  man  shal 
have  liberty  to  replevy  his  cattel,  or  goods,  impounded, 
distreined,  or  seized,  unless  it  be  upon  execution  after 
judgment,  or  for  payment  of  rates,  or  fines  ;  provided 
he  put  in  good  security  to  prosecute  the  replevin,  and 
to  satisfie  such  damage  and  charge,  as  his  adversary 
shal  recover  against  him  in  law. 


NE  W  HA  YEN  COL ONY.  257 

Sabbath,  see  prophanation  of  the  Lord's  day. 
Seamen,  &c. 

It  is  ordered,  That  if  any  seaman,  marriner,  mas- 
ter of  ship  or  vessel,  or  other  person,  shal  receive  into 
any  ship,  pinnace,  bote,  cannooe,  or  other  vessel  by 
what  name  soever  called,  and  shal  carry  away,  or 
suffer  to  take,  or  have  passage,  out  of  any  harbor,  or 
plantation,  within  this  jurisdiction,  any  child,  servant, 
or  other  person,  whether  male,  or  female,  whom  he 
knoweth  to  stand  in  relation,  or  under  the  charge  and 
government  of  another,  and  so  not  at  his  or  her  own 
present  dispose,  or  any  debtor,  delinquent,  or  offender, 
whom  he  knoweth,  or  hath  heard  to  be  under,  or 
liable,  to  any  ingagement,  censure,  or  punishment,  to 
or  from  any  particular  person,  or  the  authority  of 
this  jurisdiction,  or  any  plantation  therein,  without 
express,  and  written  license,  from  some  magistrate, 
dwelling  in  that  plantation,  or  from  the  constable,  or 
deputies  intrusted  for  civil  affairs,  where  there  is  no 
magistrate,  or  at  least  from  the  master,  or  governor 
of  the  family,  who  hath  the  trust  or  power,  where 
there  is  no  other  ingagement  or  guilt :  He  shal  be 
liable  (if  known  and  apprehended  in  any  part  of  this 
jurisdiction)  to  satisfie,  and  pay  all  such  debts  and 
ingagements  as  any  such  person  oweth,  or  ought  to 
satisfie,  and  to  pay  such  damage  or  fine  to  the  person 
or  persons  wronged,  or  to  the  plantation,  or  jurisdic- 
tion, as  the  court  considering  the  case,  with  the 
circumstances,  shal  judge  meet. 

Sentences  of  Judgement. 

It  is  ordered,  That  all  sentences  of  Judgement,  upon 
criminal  causes,  shal  be  executed  upon  the  offenders, 
in  the  presence  of  the  magistrates,  or  one  of  them  at 


258  LAWS  OF 

least ;  Deut.  25.  2,  [or]  of  some  other  officer  in  the 
absence  of  the  magistrate. 

/Servants,  see  Masters. 
Shoemakers,  see  Leather. 

Single  Persons. 

To  prevent,  or  suppress  inconvenience,  and  disorder 
in  the  course  and  carriage  of  sundry  single  persons, 
who  live  not  in  service,  nor  in  any  family  relation, 
answering  the  mind  of  God  in  the  fift  commandement: 
It  is  ordered,  That  no  single  person  of  either  sex,  do 
henceforward  board,  diet,  sojourn,  or  be  permitted  so 
to  do,  or  to  have  lodging ;  or  house  room  within  any 
of  the  plantations  of  this  jurisdiction,  but  either  in 
some  allowed  relation,  or  in  some  approved  family 
licensed  thereunto,  by  the  court,  or  by  a  magistrate, 
or  some  officer,  or  officers  in  that  plantation,  appointed 
thereunto,  where  there  is  no  magistrate ;  the  gov- 
ernor of  which  family,  so  licensed,  shal  as  he  may 
conveniently,  duly  observe  the  course,  carriage,  and 
behaviour,  of  every  such  single  person,  whether  he,  or 
she  walk  diligently  in  a  constant  lawful  imployment, 
attending  both  family  duties,  and  the  publick  worship 
of  God,  and  keeping  good  order  day  and  night,  or 
otherwise.  And  shal  then  complaine  of  any  such 
disorder,  that  every  such  single  person  may  be  ques- 
tioned, and  punished,  if  the  case  require  it.  And  if 
any  single  person  shal  dyet,  or  lodge,  or  if  any  house- 
keeper shal  admit,  or  entertaine  any  such,  contrary  to 
the  true  meaning  of  this  order;  or  if  any  licensed  to 
receive  such,  shal  neglect  to  complain  of  any  disorder 
observed,  all,  and  every  such  persons,  shal  pay  such 
fine,  as  the  court,  or  authority  appointed  for  the  place, 
ehal  judge  meet. 


NEW  HA  YEN  COLONY.  259 

Sojoumers,  see  Strangers. 
Strayes. 

It  is  ordered,  That  whosoever  slial  take  up,  or  de- 
tain any  stray  beast,  or  swine,  or  find  any  lost  goods, 
he  shal  within  six  daies,  give  notice  thereof  to  the 
marshal,  cryer,  or  other  officer  appointed  for  such 
service,  by  the  plantation  to  which  he  belongs,  who 
shal  enter,  or  cause  the  same  to  be  entred  in  a  book ; 
and  take  order,  that  it  be  duly  cryed,  on  their  three 
next  lecture  dayes,  or  upon  three  several  dayes  of  the 
town's  most  general  meeting  which  the  time  wil  afford ; 
and  if  the  value  exceed  twenty  shillings,  he  shal  cause 
the  like  publication  to  be  made,  at  the  publick  meet- 
ings, of  the  two  next  towns,  that  the  owner  may  the 
better  hear  of,  and  recover  what  belongeth  to  him. 
And  further,  in  the  case  of  a  stray  beast,  he  shal 
within  one  moneth  after  such  finding,  put,  and  in- 
deavour  from  time  to  time,  to  keep  a  with,  or  wreath 
about  the  neck  of  it;  and  within  three  months  at 
furthest,  ( if  the  owner  in  that  time  appear  not )  he 
shal  acquaint  the  next  magistrate  with  the  stray  taken 
up,  or  goods  found,  and  his  due  proceedings  about 
them,  that  the  same  may  be  apprised  by  such  indiffer- 
ent men  as  the  said  magistrate  shal  nominate,  and 
appoint.  And  shal  within  six  dayes  after  that,  cause 
the  apprisement  to  be  duly  recorded,  by  the  secretary 
of  the  plantation-court,  or  constable,  or  other  officer 
there  intrusted  for  publick  affairs,  with  the  colour, 
age,  natural  or  artificial  markes,  or  such  other  descrip- 
tion, as  best  suits  the  stray,  or  goods,  so  taken  up,  or 
found.  And  if  the  owner  of  any  such  stray  appeare 
within  one  yeare  after  such  publication,  he  shal  have 
restitution  in  kind,  if  with  safety,  and  conveniency  it 
might  be  so  long  kept,  paying  all  just  damages,  and 


LAWS  OF 

charges,  to  the  finder,  and  officers,  nay  if  he  appear 
within  three  years,  after  the  stray  was  first  taken  up, 
(paying  as  before)  he  shal  have  the  f  ul  value  ( accord- 
ing to  the  forementioned  apprisement )  restored. 
But  if  the  owner  shal  be,  and  continue  so  negligent 
that  neither  in  the  first,  second,  nor  third  year,  he 
improve  the  means  prescribed,  to  assert,  and  clear  his 
title  ;  the  said  stray,  or  lost  goods,  (to  prevent  conten- 
tion, and  inconvenience  which  may  after  grow )  shal 
be  in  reference  to  the  first  owner  by  sentence  of  the 
plantation-court  lost,  and  forfeited  ;  and  the  f  ul  value, 
all  damages,  and  charges  to  finder,  officers,  or  others, 
being  first  deducted  (wherein  if  there  be  any  question, 
the  court,  or  some  indifferently  chosen  if  there  be  no 
court  in  that  plantation,  shal  consider  and  determine) 
shal  be  equally  divided,  one  half  to  the  plantation,  and 
the  other  half  to  the  finder.  But  if  the  said  finder  shal 
omit,  or  neglect  his  duty,  or  any  part  of  it,  according 
to  the  former  directions,  he  shal  pay  such  damage  to 
the  owner,  and  such  fine  to  the  plantation,  as  the 
owner,  and  such  fine  to  the  plantation,  as  the  court 
upon  consideration  of  the  miscarriage  shal  judge  meet ; 
if  he  proceed  further,  to  sel,  kil,  or  any  way  for  his 
own  advantage  dispose,  or  alienate  the  property  of 
any  such  stray,  without  attending  the  said  directions, 
he  shal  upon  proofe,  pay  double  the  value,  either  to 
the  owner,  if  he  may  be  found,  or  to  the  plantation  to 
which  the  finder  belongs ;  provided  also  that  if  the 
owner  or  other  person,  shal  injuriously,  without  order 
from  authority,  or  consent  of  the  finder,  take  off  such 
with  or  wreath,  or  take  away  such  stray  (after  such 
with  or  wreath,  to  his  knowledg  hath  been  put  on  ) 
before  he  have  cleared  his  interest,  and  given  satis- 
faction for  damages,  or  charges  expended,  he  shal 


NE  W  HA  YEN  COL  ONY.  261 

forfeit  the  ftil  value  of  the  stray,  apprised  as  before, 
to  the  use  of  the  finder. 

/Strangers,  see  Courts. 
Strangers  complaining. 

If  any  stranger,  or  person  of  another  nation,  com- 
plain of  injury  received  from  any  within  this  juris- 
diction ;  It  is  ordered,  that  due  search  and  inquiry  be 
made  concerning  the  same,  that  justice  may  have  a 
free  passage ;  and  that  the  stranger  (if  wronged)  may 
receive  due  satisfaction,  either  out  of  the  estate  of  the 
offender,  or  by  his  corporal  punishment,  as  the  case 
may  require,  and  according  to  Matt:  7.  12. 

Strangers,  Sojourners,  and  Servants. 
To  prevent  sundry  inconveniences  which  may  grow 
to  this  jurisdiction,  and  the  plantations  thereof,  by 
the  inconsiderate,  and  disorderly  receiving  and  enter- 
taining of  strangers,  or  others,  to  be  planters,  or  so- 
journers  in  any  part  of  this  colony ;  it  is  ordered, 
That  henceforward,  no  person  receive,  or  entertain 
any  man,  or  woman,  of  what  age  or  quality  soever, 
coming  or  resorting  either  from  forraign  parts,  or  from 
other  jurisdictions,  or  plantations,  into  any  plantation, 
or  farme  house,  or  habitation  within  the  bounds,  or 
limits  of  any  plantation  within  this  jurisdiction,  to 
settle  as  a  planter,  or  sojorner,  nor  sel,  give,  nor  any 
way  alienate,  or  pass  over,  lease,  or  let  any  house,  or 
hous-lot,  or  any  part  or  parcel  of  any  of  them,  or  any 
land,  of  what  kind  or  quality  soever,  nor  shal 
permit  any  such  to  stay,  or  abide  above  one 
moneth,  without  a  license  from,  and  under  the  hand 
of  some  magistrate  dwelling  in  that  plantation,  or 
without  the  consent,  and  express  order  of  the  major 


262  LAWS  OF 

part  of  the  freemen  of  such  plantation  where  there  is 
no  magistrate,  or  without  the  consent,  and  order  of 
the  greater  part  of  the  inhabitants,  where  there  is 
neither  church  nor  freemen,  under  the  penalty  of  ten 
pounds  to  be  paid  as  a  fine  to  the  plantation,  where 
this  order  is  violated.  Yet  if  any  such  violation  or 
offence  be  made,  or  committed,  only  by  error,  or 
mistake,  and  with  smal  or  no  inconvenience  to  the 
plantation,  or  jurisdiction ;  the  fine,  or  penalty,  may 
be  moderated,  as  the  plantation-court,  or  court  of 
magistrates,  shal  see  cause.  Provided  that  this  order 
is  neither  intended,  nor  reacheth  to  travelers,  nor 
such  as  resort  hither  in  a  way  of  merchandise,  or 
trade,  nor  to  the  entertainment  of  friends,  who  in  a 
way  of  love  come  only  to  visit,  and  walk  inoffensively, 
nor  to  servants  received,  and  entertained  upon  fam- 
ily respects.  In  all  which  cases,  as  every  perticuler 
person  considers  his  own  conveniency  in  receiving 
and  entertaining,  so  the  court  of  magistrates,  or 
plantation  court  wil  consider  how  far  they  may  justly 
free  the  jurisdiction,  or  plantatation,  from  inconve- 
nience, and  charge.  But  it  is  by  this  court  ordered, 
That  if  any  servant  fal  sick,  or  any  way  diseased,  or 
distempered,  during  the  time  of  service  by  covenant 
or  agreement;  the  governor  of  such  servant,  while 
that  tearm  lasteth,  shal  provide  what  is  necessary, 
without  putting  any  burden,  or  charge  upon  the  plan- 
tation, or  jurisdiction:  And  if  such  hurt  came,  or 
were  brought  upon  such  servant  by  the  cruelty,  or 
miscarriage  of  the  family  governor ;  such  governor 
shal  allow  recompence  or  maintenance,  after  the  time 
of  relation  is  expired,  as  the  plantation  court  shal 
judge  meet.  But  if  the  hurt  came  by  any  providence 
of  God,  without  the  default  of  the  family  governor ; 
the  plantation  shal  dispose,  or  provide  for  such  servant, 


NE  W  II A  YEN  COL  ONT.  263 

after  his  or  her  time  of  service  is  expired,  as  the  case 
may  require. 

And  to  prevent  difference  or  questions  which  may 
arise,  and  grow  within  this  jurisdiction  :  it  is  agreed, 
and  ordered,  that  if  any  person,  male,  or  f  emal,  elder, 
or  younger,  whether  with,  or  without  license,  shal 
hereafter  sojourne,  or  have  constant  dwelling,  or 
abode,  within  the  limits  of  any  plantation  in  this 
jurisdiction,  for  and  during  the  tearm,  or  time  of  one 
whole  year,  every  such  person  shal  to  all  purposes  (in 
reference  to  any  plantation  within  this  jurisdiction, 
but  no  further)  be  accounted  an  inhabitant  there,  and 
shal  not  be  sent  back,  or  returned  (unless  to  some 
particular  person  standing,  and  continuing  in  relation 
to  receive,  and  provide  as  the  case  may  require)  nor 
shal  the  jurisdiction,  or  any  other  plantation  in  it  be 
liable  to  any  charge,  or  burden,  in  reference  to  any  such 
person,  though  he,  or  she,  hath  dwelt  elsewhere  in  the 
jurisdiction  before. 

Stripes. 

Stripes,  or  whipping,  is  a  correction  fit  and  proper 
in  some  cases,  where  the  offence  is  accompanied  with 
childish,  or  brutish  folly,  with  rude  tilthiness,  or  with 
stubborn  insolency,  with  bestly  cruelty,  or  with  idle 
vagrancy,  or  for  faults  of  like  nature.  But  when 
stripes  are  due :  it  is  ordered,  That  not  above  forty 
etripse  shal  be  inflicted  at  one  time ;  Deut  25.  3. 

Suits  Vexatious,  see  damages  pretended. 

Swearing,  see  prophane  swaering. 

Swine,  see  Cattel,  and  see  Plantations. 

Thefts,  see  Burgalry. 

Trespass. 
It  is  ordered,  and  declared,  That  in  any  trespass, 


264  LAWS  OF 

or  damage  done  to  any  man  or  men,  if  it  appeare,  or 
can  be  proved  to  be  done,  by  the  meer  default  of  him, 
or  them,  upon  whom  the  losse,  or  damage  fals ;  it  shal 
be  judged  no  trespass,  nor  any  recompence  allowed 
for  it. 

Watch,  see  Military  affairs. 
Weights  and  Measures. 

Whereas  a  considerable  part  of  righteousnesse, 
between  buyer,  and  seller,  doth  consist,  in  known, 
certain,  and  just  weights,  and  measures,  It  is  ordered, 
That  every  plantation,  within  this  jurisdiction,  there 
be  several  standards,  procured,  and  sealed,  that  they 
may  be  uniform,  and  certain ;  viz.  for  weights,  a 
set  of  brass  weights,  to  4  pounds,  with  the  less 
weights  included,  according  to  the  averdepois  pound, 
consisting  of  sixteen  ounces,  with  a  good  beam,  and 
scales,  fit  to  try  them.  And  so  for  corn  measures, 
the  bushell,  halfe  bushell,  peck,  halfe  peck,  to  be  fitted 
to  Winchester  measure  in  England,  and  alike  in  all 
plantations.  And  measures  for  liquid  things,  as  the 
ale  quart,  wine  quart,  wine  pint,  &c :  and  that  there 
be  one  ell,  and  one  yard.  That  all,  and  each  may  be 
according  to  the  use  in  London,  as  is  generally  prac- 
tised in  these  United  Colonies.  And  that  in  goods 
sold  by  the  ell,  or  yard,  a  thums  breadth  be  allowed 
to  the  length  of  each  ell,  and  yard.  In  goods  sold  by 
the  hundred  weight,  that  five-score  and  twelve  be 
allowed.  And  in  all  sorts  of  nails  sold  by  the  hun- 
dred, six-score  be  allowed  to  the  hundred,  according 
to  the  course  in  England. 

And  that  in  each  plantation  within  this  jurisdiction, 
some  fit  man,  or  men,  be  chosen  and  appointed,  under 
oath  to  view,  and  try  all  the  forementioned  weights 


NEW  HA  YEN  COLONY.  265 

and  measures  used  in  buying  and  selling,  at  least 
once  a  year ;  but  oftener  if  there  be  cause,  and  to  fit 
them  to  the  forementioned  standards,  and  then  to 
mark  them,  with  some  such  known,  and  approved 
mark,  and  to  have  such  allowance  for  the  same,  as 
each  plantation  shal  order,  which  viewer,  or  officers, 
so  sworn,  shal  in  each  plantation  yearly  (beside 
extraordinary  viewers)  appoint  a  convenient  time, 
and  place,  to  prove,  and  try,  all  such  weights,  and 
measures,  and  shal  give  publick,  or  due  notice  of  it, 
and  such  weights  or  measures,  as  cannot  be  brought 
or  conformed  to  the  standard,  shal  be  ordered  or 
destroyed,  that  they  be  no  more  used  in  buying  or 
selling. 

Lastly,  if  any  viewer,  or  officer,  so  chosen,  and 
sworn,  do  neglect  his  duty  and  trust,  in  any  part  of 
the  premises,  he  shal  pay  as  a  fine  to  the  plantation, 
f  ourty  shillings.  If  any  person  within  this  jurisdiction 
after  such  notice  given,  shal  neglect  to  bring  in  his 
weights,  and  measures,  at  the  time,  and  to  the  place 
appointed,  he  shal  pay  three  shillings  four  pence  for 
every  such  default,  one  halfe  to  the  viewer,  or  officer, 
and  the  other  half  to  the  plantation.  But  if  any  person 
within  this  jurisdiction,  shal  at  any  time  buy,  or  sel, 
by  any  false  or  unallowed  weight,  or  measure,  to  the 
damage  of  his  neighbour,  he  shal  pay  (besides  restitu- 
tion) such  fine  to  the  plantation,as  the  court  considering 
the  nature,  and  measure  of  the  offence,  shal  judge  meet. 

Wills  Inventories,  and  the  estates  of  such 

as  dye  intestate. 

It  is  ordered,  That  when  any  man  dyeth  possessed 
of  an  estate  within  this  jurisdiction,  whether  it  be 
greater,  or  lesse,  the  secretary  of  each  plantation,  or 
12 


266  '  LAWS  OF 

some  officer  thereunto  appointed,  sbal  enquire  and 
call  for  the  last  wil  and  testament  of  every  such  person, 
together  with  a  true  inventory  of  all  the  goods  and 
estate  of  the  deceased,  within  this  jurisdiction,  which 
with  the  first  conveniency  shal  be  justly  prized,  and 
the  estate  disposed,  or  preserved,  as  the  case  shal 
require.  But  the  will  (if  any  be  made  and  found) 
and  the  inventory,  shal  be  duly  and  respectively 
proved  by  oath,  the  wil  by  witnesses,  the  inventory 
for  the  quantity  of  the  goods,  by  executors,  adminis- 
trators, or  such  as  have  had  the  estate  in  custody. 
And  for  the  valuation  by  the  apprisers,  who  shal  be 
approved  and  appointed  thereunto,  by  the  plantation 
court,  or  by  some  magistrate  or  authority  there  setled, 
and  shal  be  recorded  by  the  secretary  or  some  other 
officer  in  all  the  particulars,  and  so  kept  among  the 
plantation  records,  and  after  presented  to  the  next 
court  of  magistrates,  or  at  the  furthest  to  the  next 
court  but  one,  after  the  party  deceased,  under  such 
penalty  as  the  court  shal  judge  meet,  and  delivered  to 
the  secretary  for  the  jurisdiction,  who  shal  keep  all 
original  wils  and  inventories  upon  the  file,  and  enter 
onely  a  brief  abstract  of  them,  among  the  jurisdiction 
records ;  namely,  the  date  of  the  wil,  the  names  of 
the  witnesses,  when  proved,  when  the  inventory  was 
taken,  the  persons  by  whom  the  estate  was  prised, 
with  the  Bumme  it  amounts  to,  and  writing  upon  the 
wil  and  inventory,  in  what  folio  the  premises  are 
entered  in  the  book  of  record.  And  that  six  shillings 
be  paid  for  every  such  wil  and  inventory.  But  in 
plantations  where  there  is  no  court,  the  jurisdiction 
secretary  shal  at  each  generall  court,  call  to  the  depu- 
ties for  such  wils,  and  inventories,  which  are  to  be 
brought  in,  and  entered  at  large,  in  a  book  of  records 


NE  W  HA  YEN  COL  ONY.  26  7 

kept  by  the  court  of  magistrates  for  that  purpose,  and 
the  originals  kept  on  the  file,  as  before  expressed. 
And  in  such  cases  the  jurisdiction  secretary  to  receive 
the  fees  due  both  to  himselfe  and  the  plantation 
secretary,  and  when  either  the  wils,  or  inventories, 
or  both,  are  large,  and  require  much  writing,  the 
court  of  magistrates,  or  plantation  court,  may  enlarge 
the  secretaries  fees.  But  if  through  the  unskilf  ulnesse, 
or  inadvertency  of  any  person,  any  wil,  or  wils,  made 
or  left,  want  due  form,  or  cannot  be  legally  proved, 
in  such  case,  the  court  following  as  neer  as  they 
rationally  may,  the  scope,  and  aim  of  the  testator,  the 
executor,  or  administrator,  before  any  of  them  inter- 
meddle, or  have  any  power  of  such  an  estate,  shal  (if 
the  court  see  cause)  put  in  sufficient  security,  which 
shall  stand  in  force  three  years  from  the  date,  to 
deliver  back  the  value  of  the  whole  estate,  or  such 
part  of  it,  as  the  court  shal  finde  just  cause  otherwise 
to  dispose  of. 

But  if  no  Wil  be  found,  then  the  court  of  magis- 
trates, or  plantation  court,  shal  consider,  who  hath  the 
next  right  of  administration  and  when  any  such  doth 
administer,  he,  she,  or  they,  shal  give  such  bond,  or 
security,  as  the  court  considering  the  value  of  the 
estate,  with  such  questions  as  are  like  to  arise,  shal 
judge  meet,  to  bring  in  a  true  inventory,  within  a 
convenient  time  limited,  and  to  dispose  of  the  whole 
estate,  as  the  court  according  to  the  laws  here  setled, 
shall  see  cause  to  order.  And  concerning  such  as  dyo 
here  intestate,  It  is  ordered,  That  the  true  estate,  all 
just  debts  being  paid,  and  all  necessary  expences  dis- 
charged ;  such  as  about  the  funeral  of  the  deceased, 
prising  the  goods,  bringing  in  the  inventory,  imme- 
diate and  reasonable  charges  of  housekeeping,  til 


268  LAWS  OF 

things  (without  unnecessary  delay)  may  be  setled,  shal 
be  divided  and  aloted  as  foloweth ;  Namely,  one  3d 
part  at  least,  to  the  widow  of  the  deceased,  if  he  leave 
a  widow.  And  if  there  be  children  left,  not  or  not  duly 
provided  for,  two  third  parts  at  most  to  them,  with  due 
respect  to  the  eldest  son,  who  is  to  have  a  double  child's 
portion,  of  the  whole  estate,  real,  and  personal,  unlesse 
the  general  court,  upon  just  cause,  and  grounds,  shal 
judge  otherwise,  either  for  dividing  the  estate,  or  for 
the  portion  of  the  first  born.  But  in  case  the  intestate 
leave  his  wife  (who  hath  well  deserved  of  him  while 
he  lived)  and  but  one  child,  one  third  part  of  the  es- 
tate, shal  as  before,  go  to  the  widow,  and  one  third  part 
to  the  child  ;  but  the  other  third  part  shal  be  divided  by 
the  plantation  court,  as  they  see  cause,  betwixt  the 
widow  and  the  child,  reserving  liberty  for  an  appeal, 
either  to  the  court  of  magistrates,  or  to  the  general 
court,  as  in  other  cases. 

Wine,  &ee  Impost. 

Witnesses. 

That  justice  may  have  the  more  free  passages,  It  is 
ordered,  That  any  one  magistrate,  or  other  officer 
authorised  by  the  general  court,  may  upon  oath,  take 
the  testimony  of  any  person  of  fourteen  yeares  of  age, 
or  above,  being  of  sound  understanding,  and  of  good 
reputation,  in  any  case,  civil,  or  criminal,  out  of  court ; 
and  testifie  the  same,  if  it  be  desired,  by  his  subscrip- 
tion, for  evidence  in  another  jurisdiction.  But  if  it 
be  for  this  jurisdiction,  the  magistrate,  or  officer  is  to 
keep  the  same  in  his  own  hands,  or  custody,  til  the 
court ;  or  deliver  it  to  the  secretary,  or  other  officer  to 
be  recorded,  that  nothing  be  altered  in  it.  And  yet 
where  any  such  witnesse  lives  in  the  plantation  where 


NE W  HA  VEN  COL  ONY.  2G9 

the  court  is  held,  or  at  farthest  within  sixteen  miles 
of  it,  and  is  not  disabled  by  sicknesse,  or  other  infirm- 
ity ;  the  said  testimony  so  taken  out  of  court  (espe- 
cially in  capital  causes)  shal  not  be  received,  or  made 
use  of  in  court,  except  it  were  either  at  first,  taken  in 
the  presence  of  the  party  testified  against,  or  that  the 
witnesse  be  after  present  in  court,  to  be  (if  there  be 
cause)  further  examined  about  it.  And  it  is  further 
ordered,  That  any  person  (by  warrant  from  a  magis- 
trate, or  other  officer  thereunto  authorised)  summoned 
to  appeare  as  a  witnesse,  in  any  civil  case  betwixt 
party  and  party,  shal  not  be  compellable  to  travel  to 
any  court  in  another  plantation,  where  he  is  to  give 
his  testimony,  except  he  who  procured  the  summons, 
shal  first  lay  down,  or  give  him  satisfaction  for  his 
travel,  and  expences  outward  and  homeward,  after  the 
rate  of  two  shillings  a  day,  in  proportion  to  the  length 
of  the  way,  and  for  such  time,  as  he  shal  necessarily 
spend  in  attendance  about  such  case,  at  the  court  or 
place,  due  recompence  shal  be  awarded  "by  the  court. 
And  if  any  wituesse  so  summoned,  and  after  such  pay- 
ment, or  satisfaction,  shal  fail  to  appeare,  to  give  his 
testimony,  he  shal  (upon  an  action  of  the  case)  be  liable 
to  pay  the  parties  dammages.  And  the  like  appear- 
ance (under  such  penalties  as  the  nature  and  weight  of 
the  case  may  require)  shal  all  witnesses  (being  so 
summoned)  be  bound  to  make,  to  give  evidence  in 
criminal  causes,  who  shal  also  have  due  satisfaction 
from  the  treasurer,  upon  notice,  and  direction  from 
the  secretary  of  the  court,  where  the  cause  was  tried. 
And  it  is  further  ordered,  that  in  all  such  causes,  the 
charges  of  the  witnesses  shal  be  born  by  the  delin- 
quent, and  shal  be  added  to  the  fine  or  censure  im- 
posed. That  what  the  treasurer  upon  such  warrant 


270  LAWS  OF 

from  the  court,  shal  disburse  to  the  witnesses,  may  be 
duly  repaid  by  the  offender,  that  neither  the  jurisdic- 
tion nor  plantation  be  unnecessarily  burdened. 

Wolves. 

Upon  experience  of  great  hurt  already  done  by 
wolves  in  these  parts,  and  upon  consideration  how 
mischievous  the  increase  of  them  may  prove :  It  is 
(for  the  incouragement  of  all  such  as  wil  set  themselves 
to  kil,  and  destroy  them)  ordered ;  That  whosoever 
shal  kil  an  old  wolf  within  this  jurisdiction,  and  bring 
his  head,  shal  have  for  the  same  20s.  and  for  each 
young  wolf  so  kild,  and  brought  10s.  And  that  the 
Indians  have  for  each  old  wolfe's  head  so  kild,  five 
shillings ;  and  for  each  young  one  2s.  &  6d.  which 
several  summs  are  to  be  paid  by  the  plantation,  within 
the  limits  wherof,  any  such  wolfe  is  kild ;  The 
bounds  whereof,  are  the  lines  betwixt  each  plantation ; 
and  to  this  purpose,  so  to  be  accounted  12  miles  up 
into  the  country. 


NE  W  UA  YEN  COL  ONY.  271 

SOME   PBESEDENTS  AND   FOKMES    OF   THINGS   FREQUENTLY 
USED. 

Summons. 

To  (A.  B.)  husbandman  of  (B.)  you  are  to  appeare 
at  the  next  Court,  holden  at  (N.)  on  the  day  of 

the  month  next  ensuing,   to  answer  the  com- 

plaint of  (C.  D.)  for  with  holding  a  debt  of 
due  upon  a  bond  or  bill,  &c.  or  for  a  horse  &c.  sould 
you  by  him,  or  for  work,  or  for  a  trespass  done  him, 
in  his  corne,  or  hay,  by  your  cattel,  or  for  a  defama- 
tion, or  slander,  you  have  raised,  or  brought  upon  his 
name,  or  for  striking  him,  or  the  like.  And  hereof 
you  may  not  fail  at  your  peril.  Dated  the  day 

of  the  month,  1655. 

An  Attachment. 

To  the  Marshal  or  Constable  of  (1ST.)  or  to  his  deputy; 
you  are  required  to  attach  (when  the  case  requires  it) 
the  body,  and  goods,  of  (E.  F.)  and  to  take  bond  of 
him,  to  the  value  of  with  sufficient 

surety,  or  sureties,  for  his  appearance,  at  the  next  Court 
holden  at  (N.)  on  the  day  of  the  month, 

then  and  there  to  answer  the  complaint  of  (G.  H.)  for 
&c.  as  before.  And  so  make  a  true  returne  thereof 
under  your  hancl.  Dated  the  day,  &c. 

Bond  for  Appearance. 

Know  all  by  these  presents,  That  we  (E.  F.)  of  (M.) 
husbandman ;  and  (I.  K.)  of  the  same  plantation 
carpenter,  do  bind  ourselves,  our  heirs,  and  execu- 
tors to  (L.  M.)  marshal  or  (N.  O.)  constable  of  (N.) 
aforesaid,  in  pounds,  upon  condition,  that  the 

said  (E.  F.)  shal  personally  appears  at  the  next  court 


272  LAWS  OF 

at  (K.)  to  answer  (G.  H.)  in  an  action  of  And 

to  abide  the  order  of  the  court  therein ;     And  not  to 
depart  without  license. 

Replevin. 

To  the  Marshal  or  Constable  of  ;  you  are  re- 

quired to  replevi  two  heifers  of  (P.  R.)  now  distreyned, 
or  impounded  by  (S.  T.)  and  to  deliver  them  to  the 
said  (P.  R.)  provided  he  give  bond  to  the  value  of 
with  sufficient  surety,  or  sureties,  to  pros- 
ecute his  replevin,  at  the  next  court  holden  at  (S.) 
and  so  from  court  to  court,  til  the  cause  be  ended ; 
and  to  pay  such  costs,  and  damages  as  the  said  (S.  T.) 
shal  by  law  recover  against  him ;  and  so  make  a  true 
return  thereof,  under  your  hand.  Dated,  &c. 

Oath  of  fidelity. 

You  (S.  T.)  being  by  the  providence  of  God,  an 
inhabitant  within  Newhaven  jurisdiction,  do  freely, 
and  sincerely  acknowledge  yourself  to  be  subject  to 
the  government  thereof ;  and  do  here  sweare  by  the 
great  and  dreadful  name  of  the  everlasting  God,  that 
you  wil  be  true,  and  faithful  to  the  same ;  and  wilyeild 
due  assistance  thereunto,  with  your  person,  and  estate, 
as  in  equity  you  are  bound  ;  and  wil  truly  indeavour  to 
to  entertain  and  preserve  all  the  liberties  and  privi- 
ledges  thereof,  submitting  yourself  to  all  the  just  and 
wholsome  laws,  and  orders,  which  already  are,  or 
hereafter  shal  be  by  lawful  authority  there  made,  and 
established.  And  further  that  you  will  neither  plot, 
nor  practise  any  evil  against  it,  nor  consent  to  any  that 
shal  so  do.  But  wil  fully,  and  timely  discover  the 
same  to  lawful  authority  there  setled,  for  the  speedy 
preventing  thereof.  And  that  you  wil  as  in  duty  you 


NE  W  HA  YEN  COL  ONY.  373 

are  bound,  maintaine  the  honour  of  the  same, 
and  of  all  the  lawful  magistrates  thereof,  pro- 
moting the  publick  good  whilst  you  shal  continue 
an  inhabitant  there;  and  whensoever  you  shall  be 
duly  called  as  a  free  burgess,  according  to  the  funda- 
mental order,  and  agreement  for  government  in  this 
jurisdiction,  to  give  your  vote,  or  suffrage  touching 
any  matter  which  concerneth  this  colony ;  you  shall 
give  it  as  in  your  conscience  you  shall  judge  may 
conduce  to  the  best  good  of  the  same,  without  respect 
of  person,  or  favour  to,  or  from  any  man.  So  help 
you  God  in  our  Lord  Jesus  Christ. 

Governor's  Oath. 

Whereas  you  (A.  B.)  are  chosen  to  the  place  of 
Governor,  within  this  jurisdiction  for  the  insuing 
year ;  And  til  a  new  governor  be  chosen,  and  sworn, 
you  do  here  swear  by  the  great  and  dreadful  name  of 
the  ever  living  God,  to  maintaine  (according  to  your 
best  ability)  all  the  lawful  priviledges  of  this  com- 
mon-wealth ;  according  to  the  fundamental  order  and 
agreement  made  for  government  thereof,  and  that 
you  wil  carry  and  demean  yourself  for  the  said  time 
of  your  government,  according  to  the  laws  of  God, 
and  for  the  advancement  of  his  gospel,  the  laws  of 
this  colony,  and  the  good  of  the  inhabitants  thereof, 
you  shal  do  justice  to  all  without  partiality,  as  much 
as  in  you  lyeth.  So  help  you  God,  <fec. 

Deputy  Governor,  and  Magistrates. 
Whereas  you  (C.  D.)  are  chosen  to  the  place  of 
Deputy  Governor  &c.,  or  you  (E.  F.)  are  chosen  to 
the  place  of  a  Magistrate  &c.  as  in  the  Governor's 
oath,  mutatis  mutandis. 
12* 


274  NEW  HA  YEN  COLONY. 

Other  Officers  and  Witnesses. 

Several  other  oaths  are  to  be  administred  to  other 
officers,  as  Secretary,  and  Treasurer  for  the  jurisdic- 
tion, Deputies  for  particular  courts,  Marshal,  Constable, 
Witnesses,  &c.  But  the  substance  of  their  oaths  is  to 
ingage  them  to  a  faithful  discharge  of  the  duty  of 
their  places,  and  trust,  according  to  the  best  of  their 
ability,  to  preserve  the  peace  of  the  jurisdiction,  and 
to  give  ful  and  true  evidence,  in  the  cases,  wherein 
they  give  testimony. 


vir. 

LAWS,  ORDERS,  AND  JUDGMENTS,  OF  THE 
NEW  HAVEN  COURTS,  1639-1660. 

[From  the  Colonial  Records,  Vol.  L] 

25th  Feb.,  1639-40.— Mrs.  Higginson,  late  planter 
of  Quillipieck  dying  without  making  her  will,  and 
leaving  behind  her  eight  children,  an  inventory  of 
of  her  estate  being  taken,  the  court  disposed  of  her 
estate  and  children  as  followeth,  with  the  consent  and 
approbation  of  Mr.  John  Higginson,  her  eldest  son  : 

Charles  Higginson  is  to  have  £40.  to  his  portion, 
and  to  be  with  Thomas  Fugill  as  his  apprentice  unto 
the  full  end  and  term  of  nine  years  from  the  first  of 
March  next  ensuing  the  date  hereof.  And  the  said 
Tho:  Fugill  is  to  find  him  what  is  convenient  for 
him  as  a  servant,  and  to  keep  him  at  school  one  year, 
or  else  to  advantage  him  as  much  in  his  education  as 
a  year's  learning  comes  to,*  and  he  is  to  have  the  ben- 

*"Here  is  a  proceeding  which  marks  as  distinctly  as  any 
measure  could,  the  views  entertained  by  the  leaders  of  the  colony, 
of  the  value  of  education,  the  protection  which  ought  to  be  exten- 
ded to  the  indigent,  and  their  regard  for  popular  rights.  If  any 
one  hereafter  shall  wish  to  inspect  the  early  colonial  records  of 
New  Haven,  to  find  subjects  of  reproach  or  merriment,  let  him  be 
referred  to  the  indentures  of  Charles  Higginson No  sugges- 
tion for  the  adoption  of  a  rule  by  which  an  elementary  education 
was  secured  to  apprentices  could  have  been  received/rom  any  law 
of  the  parent  country" — Kingsley's  Hist.  Disburse,  p.  39. 

275 


276  LA  WS  AND  ORDERS  OF 

efit  of  the  use  of  his  portion  till  the  said  term  be 
expired,  an'd  at  the  end  thereof  to  pay  it  to  the  said 
Charles  Higginson,  if  he  live  till  the  said  nine  years 
be  expired,  but  if  he  die  before,  then  the  said  Thomas 
Fugill  is  to  pay  the  said  portion  to  the  rest  of  his 
brothers  that  are  alive  at  tbe  end  of  the  said  nine 
years.  (pp.  20,  30.)* 

1639-40. — John  Jenner,  accused  for  being  drunk 
with  strong  waters,  was  acquitted,  it  appearing  to  be 
of  infirmity  and  occasioned  by  the  extremity  of  the 
cold. 

Mr.  Moulenour,  accused  of  being  drunk,  but  not 
clearly  proved,  was  respited.  (p.  29.) 

1640. — It  was  ordered  that  commodities  well  bought 
in  England  for  ready  money,  shall  not  be  sold  here 
above  three  pence  in  the  shilling  for  profit  and 
adventure,  above  what  they  cost  with  charges,  when 
sold  by  retail ;  when  sold  by  the  piece  or  vessel,  by 
wholesale,  less  profit  may  suffice. 

When-  bought  from  ships  or  other  vessels  here, 
not  above  Sob.  [half-pence]  in  the  shilling  by  retail, 
nor  above  a  penny  in  the  shilling  by  wholesale.  But 
commodities  of  a  perishing  nature,  subject  to  waste 
and  damage,  fall  not  under  the  former  rates,  yet  the 
rates  to  be  so  ordered  that  neither  buyer  nor  seller 
suffer  in  the  rates.  (p.  35.) 

It  is  ordered  that  every  man  that  is  appointed  to 
watch,  whether  masters  or  servants,  shall  come  every 
Lord's  day  to  the  meeting  completely  armed,  and  all 
others  also  are  to  bring  their  swords,  no  man  exempted 


*  The  references  are  to  the  first  (printed)  volume  of  the  N.  H. 
Colonial  Records,  edited  by  Mr.  Hoadly.  The  spelling  has  been 
modernised,  throughout. 


NEW  HA  YEN  COLONY,  1640-41.  277 

save  Mr.  Eaton,  our  pastor,  Mr.  James,  Mr.  Samuell 
Eaton  and  the  two  deacons.  (40.) 

It  is  ordered  that  Mr.  Gregson  shall  be  truck  mas- 
ter of  this  town  for  this  year  ensuing,  to  truck  with 
the  Indians  for  venison,  so  as  he  may  afford  to  sell 
to  the  planters  that  have  need  at  305.  [half-pence]  a 
pound,  all  together,  good  and  bad,  one  with  another. 

It  is  ordered  that  no  English  men  that  kills  venison 
shall  sell  the  fattest  for  above  3<7.  a  pound,  and  the 
lean  at  2d.  ob.  [2£  pence].  (43.) 

1640. — Thomas  Franckland  for  drinking  strong 
liquors  to  excess  and  entertaining  disorderly  persons 
into  his  cellar  to  drinking  meetings,  together  with  his 
contempt  of  the  court,  was  whipped,  fined  20s.  and 
deprived  of  his  cellar  and  lot,  his  lot  and  liberty  of 
staying  in  the  plantation  being  only  granted  to  him 
upon  his  good  behavior. 

Andrew  Loe  junior  was  whipped  for  breaking 
Richard  Osborne  his  cellar  and  stealing,  and  that  on 
the  Sabbath  day.  (46.) 

It  was  ordered  that  all  that  live  in  cellars,  and 
have  families,  shall  have  liberty  for  three  mouths  to 
provide  for  themselves,  but  all  single  persons  are  to 
betake  themselves  forthwith  to  some  families,  except 
the  magistrate  see  cause  to  respite  them  for  a  time. 

1641. — It  is  ordered  that  seven  hours  shall  be  ac- 
counted a  day's  work  for  a  team,  if  that  whole  time  be 
diligently  improved  in  work  according  to  the  nature 
of  that  employment,  and  the  hire  for  a  steer  by  the 
day  9<£.,  for  a  grown  ox  or  bull  12c?.,  for  a  horse  or 
mare  16<£,  for  cart  furniture  and  man  6d. 

For  master  carpenters,  joiners,  plasterers,  brick- 
layers, mowers,  coopers,  thatchers,  rivers  of  clap- 
boards, pales,  shingles,  laths  and  the  like  callings 


278  LAWS  AND  ORDERS  OF 

which  require  skill  and  strength,  not  above  2s.  in 
summer,  and  2Qd.  in  winter. 

But  others  of  the  same  trades  or  callings,  not 
allowed  master  workmen,  not  above  20d.  in  summer 
and  16d.  in  winter. 

Plasterers,  haymakers,  fellers  of  timber,  those  that 
cross-cut  timber,  and  all  sorts  of  laborers  experienced 
and  diligent  in  their  way,  improving  time  as  above, 
in  summer  not  above  186?.  in  winter  not  above  I4d. 

Unskillful  negligent  laborers,  and  boys,  both  in 
summer  and  winter,  in  several  employments,  accord- 
ing to  the  service  they  do,  which  when  any  doubt 
ariseth  shall  be  judged  by  able  and  indifferent.  (52, 53.) 

Diet  for  a  laboring  man  with  lodging  and  washing 
45.  Gd.  by  the  week.  Yenison  sold  by  the  English,  if 
fat,  not  above  2c?.  ob.  per  pound,  if  leane  2d.  per 
pound,  fowl  a  proportionable  abatement  to  what 
was  set  last  year.  (55.) 

All  commodities  bought  and  sold  among  the  plan- 
ters, and  all  work  wages  and  labor  (henceforward,  till 
some  other  course  be  settled  by  order),  to  be  paid  for 
either  in  corn,  as  the  price  goeth  in  the  plantation,  or 
in  work  as  the  rates  settled  by  the  court,  or  in  cattel 
of  any  sort  as  they  shall  be  indifferently  prized,  or  in 
good  merchantable  beaver  according  to  its  goodness ; 
and  payment  to  be  made  at  the  times  which  shall  be 
agreed  upon.  (55,  56.) 

Feb.,  1642. — It  is  ordered  that  a  free  school  shall 
be  set  up  in  this  town,  and  our  pastor  Mr.  Davenport, 
together  with  the  magistrates,  shall  consider  what 
yearly  allowance  is  meet  to  be  given  to  it  out  of  the 
common  stock  of  the  town,  and  also  what  rules  and 
orders  are  meet  to  be  observed  in  and  about  the  same. 

(62.) 


NEW  HAVEN  COLONY,  1642-44.  279 

1642. — It  is  ordered  that  no  young  men  shall  live 
by  themselves  in  cellars,  but  betake  themselves  to 
such  families  as  the  masters  thereof  may  not  only 
watch  over  them,  but  be  able  to  give  an  account  of 
or  concerning  them  or  their  conversation  when  they 
shall  be  required.  (70.) 

Samuel  H.,  and  Elizabeth  C.,  being  desirous  to 
join  together  in  the  state  of  marriage,  and  not  being 
able  to  make  proof  of  their  parents'  consent,  but  see- 
ing they  both  affirm  they  have  the  consent  of  their 
parents,  and  with  all  having  entered  into  contract, 

sinfully  and  wickedly have  both  made 

themselves  unfit  for  any  other,  and  for  which  they 
have  both  received  public  correction,  upon  these 
considerations,  granted  them  liberty  to  marry.  (77,  78.) 

1643. — Whereas  goodman  Osborne  hath  heretofore 
spoiled  divers  hides  in  the  tanning  which  he  allegeth 
was  for  want  of  skill  or  experience  in  the  tan  of  this 
country,  he  promiseth  for  the  time  to  come  to  make 
good  what  is  spoiled  in  the  tanning,  for  now  he  knows 
the  nature  of  the  tan,  and  therefore,  if  any  hides  be 
now  spoiled  it  is  through  his  default. 

1643. — It  is  ordered  that  every  family  within  this 
plantation  shall  have  a  coat  of  cotton  wool,  well  and 
substantially  made,  so  as  it  may  be  fit  for  service,* 

and  that  in  convenient  time  the  taylors  see  it  be  done. 

(121.) 

April,  1644. — It  was  ordered  that  the  judicial  laws 
of  God,  as  they  were  delivered  by  Moses,  and  as  they 
are  a  fence  to  the  moral  law,  being  neither  typical  nor 
ceremonial,  nor  had  any  reference  to  Canaan,  shall  be 
accounted  of  moral  equity,  and  generally  bind  all 

*To  be  proof  against  Indian  arrows. 


280  LAWS  AND  ORDERS  OF 

offenders,  and  be  a  rule  to  all  the  courts  in  this  juris- 
diction in  their  proceeding  against  offenders,  till  they 
be  branched  out  into  particulars  hereafter. 

It  was  ordered  that  in  case  any  of  the  magistrates  in 
the  smaller  plantations  see  need  of  help  in  some 
weighty  causes  or  difficult  knotty  cases,  upon  due  no- 
tice and  request  to  the  Governor,  provision  shall  be 
made  accordingly,  (130.) 

1644 — The  proposition  for  the  relief  of  poor  schol- 
ars at  the  college  at  Cambridge  was  fully  approved  of, 
and  thereupon  it  was  ordered,  Joshua  Attwater  and 
William  Davis  shall  receive  of  every  one  in  this 
plantation  whose  heart  s  willing  to  contribute  there- 
unto, a  peck  of  wheat  or  the  value  of  it.  (149.) 

1647. — The  Governor  propounded  that  the  college 
corn  might  be  forthwith  paid,  and  that  considering 
the  work  is  a  service  to  Christ,  to  bring  up  young 
plants  for  his  service,  and  besides,  it  will  be  a  reproach 
that  it  shall  be  said  Newhaven  is  fallen  off  from  this 
service.  (311.) 

1645. — Richard  L.,  having  been  formerly  con- 
victed and  censured  for  sundry  miscarriages  in 
ways  of  unrighteousness,  now  made  an  acknowledg- 
ment of  his  guilt  in  the  court,  thinking  thereby  to 
give  satisfaction,  who  showed  themselves  willing  to 
take  satisfaction,  but  yet  advised  him  to  be  careful  to 
make  his  peace  with  God,  and  seek  to  get  that  bitter 
root,  (whence  such  evil  fruits  did  spring,)  that  a  refor- 
mation of  those  evils  may  appear  in  his  conversation. 

(153.) 

1645. — James  Kussells,  by  reason  of  his  lame 
thumb,  was  excused  from  bringing  his  musket  on  the 
Lord's  days  and  other  days  of  public  solemn  worships. 

(160.) 


NEW  HA  YEN  COLONY,  1644-45.  281 

Joseph  B.  and  Joseph  C.  were  accused  for  drinking 
to  excess ;  Joseph  B.  confessed  that  they  had  drunk 
sack  in  his  father's  cellar,  out  of  the  hung,  with  a 
tobacco  pipe,  and  in  the  chamber  out  of  a  bottle,  and 
that  they  went  after  that  to  the  ordinary,  and  there 
drank  a  quart  of  beer.  Sister  Linge  testified  that 
she  saw  them  as  they  caine  from  the  ordinary  and 
Joseph  B.  did  lead  Joseph  C.  by  the  arm,  and  she 
speaking  to  them  asked  whether  Joseph  C.  were 
drunk,  whereupon  Joseph  B.  let  him  go,  and  then  she 
saw  him  stagger  and  reel  and,  as  she  conceived,  being 
not  able  to  go  nor  stand  as  a  man,  he  sit  him  down 
upon  a  block  or  log  by  the  pales,  but  could  not  sit  as 
one  sober,  whereupon  she  again  said  he  was  drunk, 
because  he  could  not  go  nor  stand,  and  then  Joseph 
B.  called  him  to  come  to  him  which  he  did,*  but  yet 
in  a  reeling  manner.  Mrs.  Evance  and  her  maid  tes- 
tified that  when  they  first  saw  Joseph  C.  after  this 
they  could  perceive  nothing  that  he  ailed. 

The  court  being  fully  satisfied  in  the  evidence  given 
by  sister  Linge,  and  the  Governor  testifying  that,  upon 
[the]  examination  he  had  taken,  they  told  abundance  of 
lies,  especially  Joseph  B.,  the  premises  considered,  the 
court  conceived  they  deserved  to  be  severely  whipped, 
but  referred  it  to  Mr.  Evance  and  Mr.  B.  to  give  them 
correction  in  their  families.  (170,  171.) 

Bamfeild  Bell  being  reproved  by  Win.  Paine  for 
singing  profane  songs,  answered  and  said,  "you  are  one 
of  the  holy  brethren  that  will  lie  for  advantage."  It 
was  testified  by  the  said  "Wm.  Paine  and  Joseph 
Brewster.  Mr.  Evance  testified  that  it  was  his  con- 
stant frame,  to  reproach  those  that  walk  in  the  ways 
of  God.  The  premises  considered,  the  sentence  of 
the  court  was  that  he  should  be  severely  whipped. 


282  LAWS  AND  ORDERS  OF 

Mrs.  Brewster  entreated  the  court  that  the  execu- 
tion of  the  sentence  may  be  respited  til]  her  husband 
come  home,  because  he  is  her  husband's  kinsman. 

(173.) 

1645. — Hannah  M.  complained  that  Mr.  Brewster 
called  [her]  Billingsgate  slut,  and  that  she  was  sent 
for  on  shipboard  to  play  the  slut. 

Mr.  Brewster  confessed  he  being  much  provoked  and 
disquieted  by  her  frowardness  and  brawling  on  ship- 
board, did  call  her  slut,  and  Billingsgate  slut,  and  said 
he  hoped  she  would  dance  about  the  whipping  post ; 
and  affirmed  &c. 

Mr.  Brewster's  maid  and  Mr.  Lamberton's  maid 
testified,  that  the  said  Hannah  M.  was  very  fro  ward 
and  contentious,  and  a  cause  of  much  contention  and 
unquietness  amongst  them  as  they  came  from  the 
Bay. 

When  the  Governor  had  shown  what  was  the 
ordinary  acceptation  of  "Billingsgate  slut,"  namely, 
that  some  that  were  so  called  were  convicted  scolds, 
and  punished  at  the  cucking  stool  for  it,  and  some  of 
them  charged  with  incontinency,  Mr.  Brewster  said  he 
had  sufficiently  proved  the  one  true,  and  he  would  not 
acquit  her  in  the  other ;  being  asked  what  ground  he 
had  to  lay  such  an  implicit  charge  upon  her,  he  said 
he  had  nothing  at  all  against  her  but  what  he  gathered 
from  Mrs.  Norton's  words.  The  court  told  [  him  ]  he 
ought  to  acknowledge  his  failing,  and  so  repair  her  rep- 
utation, as  much  as  he  may.  At  length  he  did  acknow- 
ledge he  was  to  blame,  and  said  he  was  sorry  he  had 
spoke  so  rashly,  and  that  he  intended  no  such  charge 
against  her.  The  court  also  according  to  the  evidence 
reproved  Hannah  M.  for  her  froward  disposition, 
remembering  her  that  meekness  is  a  choice  ornament 


NE W  HA  YEN  COLONY,  1645-46.  283 

for  women,  and  wished  her  to  take  it  as  a  rebuke 
from  God,  and  to  keep  a  better  watch  over  her  spirit 
hereafter,  lest  the  Lord  proceed  to  manifest  his 
displeasure  further  against  her. 

Hannah  M.  did  acknowledge  it  had  been  some 
trouble  to  her  that  she  had  been  so  froward  and  con- 
tentious to  the  disquieting  of  others,  and  hoped  it 

should  be  a  warning  to  her  for  time  to  come. 

(180,  181.) 

1645. — For  the  better  training  up  of  youth  in  this 
town,  that  through  God's  blessing  they  may  be  fitted 
for  public  service  hereafter,  either  in  church  or  com- 
monweal, it  is  ordered,  that  a  free  school  be  set  up, 
and  the  magistrates  with  the  teaching  elders  are 
entreated  to  consider  what  rules  and  orders  are  meet 
to  be  observed  and  what  allowance  may  be  convenient 
for  the  schoolmaster's  care  and  pains,  which  shall  be 
paid  out  of  the  town's  stock.  According  to  which 
order,  £20  a  year  was  paid  to  Mr.  Ezekiell  Cheevers, 
the  present  schoolmaster,  for  two  or  three  years  at 
first,  but  that  not  proving  a  competent  maintenance, 
in  August,  1644,  it  was  enlarged  to  £30  a  year  and 
so  continueth.*  (210.) 

1646. — It  was  ordered,  that  whosoever  fetcheth  fire, 
or  sends  for  it,  and  not  in  a  covered  vessel,  though 
the  fire  be  denied  them,  or  upon  any  other  occasions 
they  come  without  it,  they  shall  pay  Gd.  fine ;  but  if 
they  carry  any  fire  away,  they  shall  pay  12c?.,  because 
great  damage  may  grow  to  the  town  by  slightness 
and  carelessness  this  way. 

It  was  ordered,  that  whosoever  shall  be  found  taking 

*  This  is  from  the  revision,  in  1644-45,  of  laws  and  orders  then 
in  force.  The  order  for  a  free-school  in  New  Haven,  was  made 
Feb.,  1641-42.  See,  before,  p.  278. 


284  LAWS  AND  ORDERS  OF 

tobacco  in  an  uncovered  place,  as  in  the  street  of  the 
town,  or  in  men's  yards,  shall  pay  Qd.  fine  each  time, 
also  if  on  training  days,  either  in  the  company  or  the 
meeting  house  at  any  time.  (241.) 

Thomas  Blatchley  having  formerly  given  the  Court 
some  offence,  and  neglecting  the  image  of  God  in 
magistrates,  and  going  away  so  irreverently,  and  saying 
he  would  have  justice  in  another  place  if  he  had  it  not 
here ;  which  now  lying  on  his  conscience,  desires  to 
clear  himself;  wherewith  the  court  was  satisfied.  (271.) 

1647. — It  was  propounded  that  those  planters, 
householders  and  sojourners,  would  give  in  their 
names,  who  desire  to  have  their  seats  in  the  soldiers' 
seats,  engaging  themselves  to  bring  their  arms  con- 
stantly, to  all  public  meetings  for  the  worships  of 
God.  (291.) 

1647. — George  King  charged  with  blaspheming  the 
name  of  God  by  cursing;  James  Heywood  said  he 
heard  him  swear  by  the  name  of  God,  and  told  him 
the  danger  of  such  a  course,  and  since,  he  hath  heard 
him  swear. 

Thomas  Morris  affirmed  he  had  been  told  of  swearing 
aboard  the  ship,  and  since  swore  by  the  name  of  God, 
aboard  a  Dutchman,  and  he  told  him  of  it.  The  oath 
was  a  by  God.  George  King  confessed  he  spake  the 
words. 

The  Governor  told  him,  that  when  the  son  of  an 
Egyptian  blasphemed  the  name  of  God,  it  was  not 
borne.  It's  the  piercing  through  the  name  of  God  in 
passion,  which  is  a  high  provocation  of  God,  whereas 
the  rule  is,  let  your  words  be  yea,  yea,  and  nay,  nay, 
and  by  a  man's  words  he  may  lose  his  life. 

It  was  hoped  it  was  only  a  rash  and  sinful  oath  j 


NE  W  HA  YEN  COLONY,  1647.  285 

some  have  been  bored  through  the  tongue,  others 
have  been  in  the  stocks,  and  their  tongues  in  a  cloven 
stick  ;  but  hoping  this  was  not  despiteful ly  done,  the 
sentence  of  the  court  was,  that  he  should  be  whipped, 
and  in  the  interim  be  kept  in  the  marshal's  hands. 

(293.) 

Sergeant  Nash  propounded  whether  it  was  the 
court's  mind  that  masters  of  watches  should  be  freed 
from  walking  the  rounds  and  standing  sentinel  on  the 
Lord's  days,  but  after  some  debate,  the  thing  was 
respited  till  another  court. 

William  Preston,  who  was  intrusted  to  look  to  the 
shutting  the  meeting-house  doors,  was  desired  to  keep 
them  constantly  shut,  and  that  they  be  opened  upon 
the  Lord's  days  and  lecture  days  before  the  first  drum 
is  beat,  and  William  Andrewes  was  desired  so  to 
repair  and  order  the  doors  that  they  may  be  opened 
on  the  outside  when  unlocked  and  unbarred,  and  at 
other  times  to  shut  fast  and  secure. 

Robert  Bassett  was  desired  to  beat  both  the  first 
and  second  drum,  upon  Lord's  days  and  lecture  days, 
upon  the  meeting-house,  that  so  those  who  live  far  off 
may  hear  them  the  more  distinctly,  and  he  promised 
so  to  do.  (311.) 

William  Pert  was  warned  to  the  court  for  taking 
water-melons  one  Lord's  day  out  of  Mr.  Hooke's  lot ; 
and  Mr.  Hooke  complaineth  that  he  hath  often  been 
abused  this  way ;  and  since  that  time,  his  orchard 
hath  been  robbed. 

William  Port's  answer  was  that  his  master  sent  him 
into  the  quarter  and  to  see  whether  there  were  any  hogs 
within  the  fence,  and  he  was  bid  by  his  master  to 
bring  home  a  water-melon  with  him ;  he  being  bid 


LAWS  AND  ORDERS  OF 

to  go  that  way  through  Mr.  Hooke's  lot,  after  the 
Sabbath,  he  took  two  water-melons ;  he  said  it  was 
the  first  act  of  his  in  this  kind  and  hoped  it  should 
be  the  last.  For  his  unrighteousness  and  profaneness 
of  his  spirit  and  way,  so  soon  thus  to  do  after  the 
Sabbath,  he  was  to  be  publicly  corrected,  although 
moderately,  because  his  repentance  did  appear.  (325.) 

It  was  propounded  to  the  court  to  consider  whether 
it  were  not  meet  to  make  a  law  for  restraining  of 
persons  from  their  ordinary  outward  employments 
upon  any  part  of  the  Sabbath,  and  the  rather  because 
some  have  of  late  taken  too  much  liberty  that  way, 
and  have  been  called  to  answer  for  it  in  the  particular 
court.  The  court  considering  that  it  is  their  duty  to 
do  the  best  they  can  that  the  law  of  God  may  be 
strictly  observed,  did  therefore  order  that  whosoever 
shall,  within  this  plantation,  break  the  Sabbath  by 
doing  any  of  their  ordinary  outward  occasions,  from 
sunset  to  sunset,  either  upon  the  land  or  upon  the 
water,  extraordinary  cases,  works  of  mercy  and 
necessity  being  excepted,  he  shall  be  counted  an 
offender,  and  shall  suffer  such  punishment  as  the 
particular  court  shall  judge  meet,  according  to  the 
nature  of  his  offence.  (85.) 

1648. — James  T was  warned  to  this  court  to 

answer  for  his  contempt  in  not  appearing  the  last 
court ;  he  saith  that  he  acknowledges  he  was  served 
with  a  warrant  to  appear  at  the  last  court,  but  did  not, 
but  having  a  lighter-load  of  hay  to  empty,  went  about 
that,  without  asking  leave  of  any  magistrate. 

Thomas  Barnes  informed  the  court  that  he  served  a 

warrant  upon  James  T ,  two  or  three  months  since, 

but  he  could  not  get  him  to  appear,  but  hath  always 
shifted  him  off  one  way  or  another,  but  this  he  hath 


NEW  HA  YEN  COLONY,  1G48-49.  287 

to  inform  the  court  against  him,  that  he,  the  said 
James,  stole  a  scythe  which  he  left  in  the  field,  taking 
it  off  from  the  snath  and  using  it  as  his  own,  which 

charge  James  T owneth  and  acknowledged  it  to 

be  true,  and  that  he  had  slandered  Thomas  Barnes  by 
reporting  that  he  did  but  take  his  scythe  as  he,  the 
said  Barnes,  had  taken  a  grubbing  axe  of  his,  when  as 

Thomas  Barnes  had  borrowed  the  axe  of  James  T 

as  he  now  confesseth.  Also  Mr.  Gibbard,  the  treas- 
urer, informed  the  court  that  James  T found  a  dead 

wolf  in  the  woods,  and  cut  off  the  head,  and  brought 
it  to  him  to  be  paid  for  it,  saying  he  had  killed  it  by 
setting  a  gun,  and  got  a  note  of  him  to  receive  15s  for 
it,  and  therein  by  lying  deceived  the  town,  whose 
order  is  that  those  that  kill  wolves,  (and  not  find  them 
dead,)  should  be  paid  for  them;  which  lying  and 
cheating  James  T could  not  deny. 

The  sentence  of  the  court  is,  that  for  his  contempt 
of  the  court  in  not  obeying  the  warrants  served,  he 
pay  40s  fine  to  the  town ;  for  the  scythe  that  he  make 
double  restitution,  the  scythe  being  valued  at  4s ;  for 
his  lying,  cheating  and  slandering,  that  he  be  severely 
whipped,  and  that  he  acknowledge  the  wrong  he  hath 
done  to  Thomas  Barnes  in  slandering  of  him,  and 
that  he  sit  in  the  stocks  as  long  as  the  weather  will 
permit  with  respect  of  mercy  to  him,  that  all  that  pass 
by  may  see  what  manner  of  person  he  is.  (418,  419.) 

1649. — The  Governor  informed  the  court  that  he 
hath  heard  some  complaints  about  the  smallness  of 
bread  that  is  made  and  sold  in  the  town,  and  therefore 
thinks  that  some  course  must  be  taken  that  it  may  be 
sized,  that  the  baker  may  have  a  due  profit  and  the 
buyer  not  wronged.  It  was  enquired  who  had  any 
book  that  might  give  any  light  concerning  the  sizing 


288  LAWS  AND  ORDERS  OF 

of  bread.  Jno.  Brockett  said  lie  bad  one,  and  was 
desired  to  carry  it  to  the  governor  who  was  desired  to 
prepare  tbis  matter  against  tbe  particular  court.  (466,) 

[Colony  Records,  vol.  ii.] 

1653. — The  deputies  of  Stamford  acquainted  tbe 
court  that  there  is  in  their  town  some  that  do  work 
great  disturbance,  professing  they  will  pay  no  rates  to 
these  common  charges,  because  nothing  is  done 
against  the  Dutch,  and  some  saying  they  have  been 
in  bondage  a  great  while,  but  now  they  will  have 
their  liberty,  and  being  reproved  for  the  same  and 
told  they  must  be  bound  over  to  answer  it  here, 
another  answered,  one  and  all.  Wherefore  the  court 
doth  advise  the  deputies  to  carry  it  as  prudently  and 
peaceably  as  they  can  and  to  gather  up  these  rates 
due,  but  if  by  fair  means  (for  the  court  is  not  willing 
to  deal  harshly  in  these  times  if  it  may  be  avoided)  it 
cannot  be  attained,  but  some  in  a  stubborn  way  refuse 
and  grow  boisterous  in  their  spirits,  working  disturb- 
ance and  giving  ill  example  to  others,  that  then  they 
give  notice  thereof  to  the  governor  or  deputy  gov- 
ernor, who  are  ordered  by  this  court  to  send  a  warrant 
from  hence  to  bind  such  persons  over  to  answer  it  at 
the  court  of  magistrates  in  October  next.  (24.) 

It  is  ordered  that  a  serious  view  be  made  in  every 
plantation  in  this  jurisdiction,  to  see  who  have  taken 
the  oath  of  fidelity  and  who  have  not,  and  that  all 
male  persons  from  sixteen  years  old  and  upward,which 
have  not  already  taken  it,  whether  children,  servants 
or  Bojourners,  as  well  as  planters,  do  take  the  said 
oath,  and  that  at  the  general  court  in  May  next,  a 
certificate  be  brought  from  each  plantation  and  pre- 
sented that  they  have  so  taken  it,  or  if  any  refuse, 


NE  W  HA  YEN  COL  ONY,  1654-55.  289 

their  names  are  to  be  returned,  but  if  the  authority 
of  the  place  find  any  unfitness  in  any  person  by  their 
ignorance  not  understanding  the  nature  of  such  an 
ordinance,  they  may  dispense  with  them  a  convenient 
time  for  the  better  informing  themselves,  that  the 
name  of  God  may  not  be  taken  in  vain.  (57.) 

1654. — It  is  ordered  that  upon  the  admittance  of 
any  man  as  a  planter  into  any  plantation  in  this 
jurisdiction,  the  fundamental  laws  and  orders  con- 
cerning votes,  &c.,  shall  be  read  to  them,  and  if 
approved,  the  oath  of  fidelity  shall  be  administered  to 
them,  the  plantation  which  is  to  receive  them  being 
satisfied  in  other  respects,  by  a  satisfying  certificate 
from  sufficent  credible  persons,  of  their  good  behavior 
and  conversation.  (98.) 

At  a  court  of  magistrates,  Jan.  26,  1654-5 : — Law- 
ranee  Corneliusson,  a  Dutchman,  was  called  before 
the  court  and  told  that  he  is  charged  with  several  great 
miscarriages,  in  affronting  the  authority  set  up  by  this 
jurisdiction  at  Milford,  in  a  very  high  degree  and 
contemptuous  manner,  for  when  another  Dutchman 
who  had  been  scandalously,  and  for  himself  danger- 
ously, drunk,  and  the  complaint  of  it  brought  to  the 
magistrate  who  sent  the  marshal  for  him,  he,  the 
said  Lawrance,  answered  he  should  not  come  then, 
but  when  he  listed  ;  whereupon  the  marshal  returned, 
but  quickly  after  the  man  that  was  drunk  came  on 
shore,  and  the  marshal  seized  him  and  was  carrying 
of  him  before  the  magistrate,  and  the  said  Lawrance 
followed,  crying  aloud  after  the  marshal,  "  Stay,  you 
rogue,  stay  you  rogue,"  and  in  the  magistrate's  house 
carried  it  with  high  contempt  before  all  present,  put- 
ting his  hand  to  his  mouth  and  pulling  it  back  in  a 
13 


290  LAWS  AND  ORDERS  OF 

scornful  manner,  as  if  he  would  say,  do  your  worst,  I 
care  not  for  you  ;  and  when  the  man  should  have  an- 
swered for  himself,  he  interposed,  would  not  suffer  him 
to  speak,  but  bid  the  devil  take  him  if  he  spake  a  word, 
and  after  put  him  out  of  the  door  and  bid  him  begone ; 
and  that  none  might  follow  him,  he  shut  the  door 
and  stood  against  it,  and  did  utter  several  oaths  with 
cursing  before  the  magistrate ;  then  the  magistrate  told 
him  he  must  now  stay  and  answer,  both  for  the 
offender  whom  he  had  so  rescued,  and  for  his  own  mis- 
carriages ;  he  then  went  away,  and  being  sent  for  in, 
would  not  come,  but  said  he  would  be  hanged  and 
drawn  first,  and  he  would  as  soon  come  before  the 
devil  as  before  the  magistrate ;  and  the  marshal  being 
commanded  to  fetch  him  in,  and,  if  he  refused,  to  force 
him,  he  refused  to  submit,  and  took  his  knife  in  his 
hand  and  held  it  up  and  said,  touch  him  who  durst,  and 
offering  to  take  a  stick  to  make  resistance,  one  struck 
him  and  broke  his  head  ;  so  they  brought  him  back  to 
the  magistrate,  who,  repeating  his  miscarriages  to 
him,  he  told  the  magistrate  he  lied,  though  the  mar- 
shal then  present  testified  the  truth  of  what  the 
magistrate  said  to  his  face ;  then  he  demanded  to  see 
the  law  against  drunkenness  and  swearing,  which  being 
read,  he  said,  "This  is  the  law  of  man,  but  not  of 
God;"  and  when  the  magistrate  commanded  the  mar- 
shal to  take  charge  of  him,  he  would  not  submit  but 
said,  kill  him,  hang  him,  he  would  not  go  with  him  ; 
and  when  the  next  day  the  court  at  Milf ord  ( hearing 
of  these  miscarriages),  sent  for  him.  he  contemptu- 
ously refused  to  come  but  said,  kill  him,  hang  him, 
draw  him  with  horses,  he  would  not  come ;  wherefore 
they  referred  it  to  the  court  of  magistrates,  which 
thing  he  also  desired ;  and  when  he  was  gone  from  the 


NEW  HA  YEN  COLONY,  1654-5.  291 

magistrate,  he  asked  those  that  were  about  him, 
whether  they  knew  the  story  of  Samson's  revenge  upon 
the  Philistines  how  he  tied  firebrands  betwixt  the 
tails  of  foxes  and  burnt  their  corn  ?  and  bade  them 
remember  it,  as  if  he  thought  the  English  were 
Philistines  and  he  purposed  a  revenge;  and  in 
further  discourse,  bidding  them  kill,  hang  him,  &c., 
he  added  he  would  rather  be  cast  into  the  sea  then 
buried  at  Milford,  his  bones  should  not  be  inMilford, 
repeating  the  story  of  Joseph,  who  would  have  his 
bones  carried  out  of  Egypt,  ao  if  Milford  were  as 
Egypt  to  him ;  and  to  defend  the  Dutchman's  drunk- 
enness, he  professed  himself  to  be  a  drunkard,  and 
asked  the  English  about  him  if  they  were  not  so, 
"  Have  rot  you,  and  you,  been  drunk,"  adding  that 
at  the  Mannadoes  [New  York]  they  were  not  punished 
for  drunkenness,  but  used  after  they  had  been  drunk 
to  say,  'God  forgive  us,'  or  'be  merciful  to  us,' 
and  that  was  enough  •  he  asked  also  what  witnesses 
they  had  against  him,  and  when  he  was  told  they  had 
many,  he  answered,  "Many  false  witnesses  came  in 
against  Christ." 

His  miscarriages  being  thus  charged,  he  was  told  he 
had  liberty  to  answer  for  himself,  and  if  he  objected 
against  the  truth  of  any  of  the  particulars,  proof  was 

ready He  said  he  submits  to  the  charge,  for 

he  was  in  such  a  passion  as  he  remembers  not  what 
he  did  or  spake,  and  is  ashamed  of  it. 

The  said  Lawrance  was  asked,  if  he  had  any  occa- 
sion given  him  that  might  cause  him  to  carry  it  thus ; 
he  said,  no,  but  God  left  him,  and  he  is  ashamed  of  it. 

After  which,  the  court  considering  how  he  had 
contemned  and  trampled  upon  authority,  disturbed 
the  peace  of  the  jurisdiction  (beside  his  slighting  or 


292  LAWS  AND  ORDERS  OF 

censuring  the  English) ;  that  upon  his  earnest  suit  the 
magistrates  were  now  called  from  several  plantations 
at  an  unusual  and  inconvenient  time  to  keep  this 
court ;  that  the  marshal  at  Milford  hath  been  put 
upon  much  attendance  and  upon  two  journeys  from 
Milford  hither,  with  other  testimony,  because  he  had 
here,  (beside  what  passed  at  Milford,)  more  than  once 
peremptorily  denied  some  of  his  charges ;  and  that 
the  marshal  at  Newhaven,  beside  other  attendance, 
had  been  charged  with  his  diet,  lodging,  <fec.;  did  by 
way  of  sentence  order,  that  Lawrance  Corneliusson 
pay  as  a  fine  to  the  jurisdiction,  forty  pounds,  and 
that  he  make  a  due  and  public  acknowledgment  of 
his  miscarriages,  at  Milford  where  they  were  commit- 
ted, owning  his  sin  and  shame  for  it,  which  if  not 
performed  to  satisfaction  there,  he  is  to  be  sent  back 
to  Newhaven  and  the  court  will  further  consider  of  it. 

(124-6.) 

[On  the  petition  of  the  offender,  presented  Jan.  30th,  setting 
forth  his  inability  to  pay  the  fine,  and  professing  penitence,  the 
court  mitigated  the  penalty  to  30  £.] 

1655. — It  is  ordered  that  no  tobacco  shall  be  taken 
in  the  streets,  yards,  or  about  the  houses  in  any  planta- 
tion or  farm  in  this  jurisdiction,  or  without  doors  near 
or  about  the  town,  or  in  the  meeting-house,  or  body 
of  the  train  soldiers,  or  any  other  place  where  they 
may  do  mischief  thereby,  under  the  penalty  of  six 
pence  a  pipe  or  a  time,  which  is  to  go  to  him  that 
informs  and  prosecutes ;  which,  if  refused,  is  to  be 
recovered  by  distress  ;  in  which  case,  if  there  be  dif- 
ference, it  may  be  issued  without  a  court  by  any  mag- 
istrate, or  where  there  is  no  magistrate  by  any  deputy 
or  constable  ;  but  if  he  be  a  poor  servant  and  hath  not 
to  pay,  and  his  master  will  not  pay  for  him,  he  shall 


NEW  HAVEN  COLONY,  1655-6.  £93 

then  be  punished  by  sitting  in  the  stocks  one  hour. 

(148.) 

1655. — To  prevent  much  inconvenience  which  may 
grow  by  gaming,  it  is  ordered  that  no  person  who, 
either  as  an  innkeeper  or  seller  of  strong  liquors,  wine 
or  beer,  entertains  strangers  or  others  to  lodge,  or  eat, 
or  drink,  shall  permit  or  suffer  any  to  use  the  game 
of  shufneboard,  or  any  other  gaming,within  his  house 
or  limits,  under  the  penalty  of  twenty  shillings  for 
time  so  offending,  arid  whatever  person  or  persons 
shall  so  play  or  game  in  any  such  house,  or  place,  or 
in  any  other  gaming  house,  where  there  is  com- 
mon resort  to  such  play  or  gaming,  shall  forfeit 
for  every  such  offence  five  shillings,  and  whosoever 
shall  so  play  or  game  for  money  or  money -worth, 
shall  further  forfeit  double  the  value  thereof,  one  half 
to  the  informer,  and  the  rest  to  the  plantation  within 
the  limits  whereof  he  so  played  or  gamed.  (155-6.) 

1656. — It  is  ordered  that  whosoever  shall  put  or 
kindle  any  fire  in  woods,  grounds,  yards,  orchards,  or 
other  place  or  places,  lying  in  common  or  enclosed,  so 
as  the  same  shall  burn  fences,  buildings,  or  cause  any 
other  damage  in  any  season  or  manner  not  allowed 
by  authority  in  that  plantation,  or  on  the  last  day  of 
the  week,  or  on  the  Lord's  day,  every  such  person 
shall  i  ay  all  damages  and  half  so  much  more  for  a 
fine  to  the  plantation,  and  if  not  able  to  pay  shall  be 
corporally  punished  as  the  court  shall  judge  meet. 

But  if  any  servant  or  servants,  person  or  persons 
in  relation,  or  any  other  whether  male  or  female,  shall 
wilfully,  maliciously  or  by  way  of  revenge,  kindle 
or  put  any  fire  into  any  corn,  hay,  straw,  hemp,  flax, 
timber,  hewed,  sawn,  or  riven,  heaps  of  wood,  char- 
coal, other  goods  or  combustible  matter,  especially  in 


294:  LA  WS  AND  ORDERS  OF 

the  night  or  on  the  Lord's  day,  by  means  whereof  any 
dwelling  house,  barn,  shed,  or  other  buildings,  hay, 
corn,  cattle,  household  goods,  or  other  estate  of  what 
kind  soever  may  be  endangered,  burnt  or  destroyed, 
(much  more  if  the  life  or  lives  of  any  person  or 
persons  shall  be  thereby  lost  or  hazarded,)  such 
mischievous  person  or  persons  shall  be  proceeded 
against,  either  by  the  court  of  magistrates,  if  the  sin 
be  heinous  or  capital,  as  a  presumptuous  or  malicious 
offender  or  offenders  against  the  fifth,  sixth,  or  eighth 
commandments,  to  be  punished  by  death  or  otherwise 
severely  as  the  case  may  require,  or  by  the  plantation 
court,  if  the  miscarriage  be  of  a  lower  nature,  by  cor- 
poral punishment  or  paying  double  or  treble  damages, 
but  if  the  damage  be  great  and  the  offender  or  offen- 
ders not  able  to  make  such  restitution,  he  or  they 
shall  by  sentence  or  order  of  the  court  of  magistrates  be 
Bold  for  a  servant  or  servants,  either  into  these  English 
colonies  or  abroad,  that  due  satisfaction  (so  far  as  may  be 
attained)  be  made,  as  the  court  considering  the  offence 
with  all  the  aggravating  circumstances  shall  judge 
meet.*  (175,  176.) 

1657. — A  complaint  was  brought  from  Stamford 
of  the  excessive  price  of  shoes  and  boots  there,  and 
some  instances  were  given,  as  six  shillings  for  a  pair 
of  shoes  of  the  tens,  and  thirty  shillings  for  a  pair  of 
boots,  as  good  as  which  may  be  bought  here  for 
twenty  shillings,  which  the  court  thought  was  great 
oppression,  and  that  some  course  should  be  taken 
about  it ;  and  therefore  did  now  order,  that  those 
shoemakers  be  informed  that  if  betwixt  this  and  tho 


*This  is  the  law  which  Peters  caricatures,  by  :  "Whosoever  sets 
a  fire  in  the  woods,  and  it  burns  a  house,  shall  suffer  death."  Com- 
pare the  law  concerning  "Fire,"  in  the  code  of  1655,  (before,  p.  222.) 


NE  W  HA  YEN  COL  ONY,  1657.  295 

court  of  magistrates  in  October  next  they  do  not  give 
satisfaction  for  what  they  have  done  amiss  the  time 
past,  and  reform  for  time  to  come,  that  then  they 
attend  the  said  court,  and  come  prepared  to  answer 
their  miscarriages  herein,  and  that  those  offended  or 
wronged  in  the  town,  &c.,  come  prepared  to  charge 
and  prove.  (215.) 

It  is  ordered  that  no  Quaker,  Ranter,  or  other  here- 
tic of  that  nature,  be  suffered  to  come  into,  nor  abide 
in  this  jurisdiction,  and  if  any  such  rise  up  among 
ourselves  that  they  be  speedily  suppressed  and  secured, 
for  the  better  prevention  of  such  dangerous  errors.  (217.) 

It  was  propounded  that  the  court  would  think  of 
some  way  to  further  the  setting  up  of  schools,  for  the 
education  of  youth  in  each  plantation,  for  though 
some  do  take  care  that  way,  yet  some  others  neglect  it, 
which  the  court  took  into  consideration,  and  seeing 
that  Newhaven  hath  provided  that  a  schoolmaster  be 
maintained  at  the  town's  charge,  and  Milford  hath 
made  provision  in  a  comfortable  way,  they  desire  the 
other  towns  would  follow  their  example,  and  there- 
fore did  now  order,  that  in  every  plantation  where  a 
school  is  not  already  set  up  and  maintained,  forthwith 
endeavors  shall  be  used  that  a  schoolmaster  be  pro- 
cured that  may  attend  that  work,  and  what  salary 
shall  be  allowed  unto  such  schoolmaster  for  his  pains, 
one  third  part  shall  be  paid  by  the  town  in  general  as 
other  rates,  the  good  education  of  children  being  of 
public  concernment,  and  the  other  two  thirds  by  them 
who  have  the  benefit  thereof,  by  the  teaching  of  their 
children.  (219,  220.) 

COURT    OF    MAGISTRATES,    June,    1657. — William 
Meaker  .entered  an  action  of    defamation    against 


296  LAWS  AND  ORDERS  OF 

Thomas  Mulleimer,  and  declared  that  several  pigs  of 
Thomas  Mullenner  died,  it  seems  in  a  strange  way, 
and  he  thought  them  bewitched,  and  said  if  any  more 
died  he  would  use  some  means  to  make  discovery,  and 
he  did  cut  off  the  tail  and  ears  of  one  and  threw  into 
the  fire  ;  his  maid  said  he  knew  who  he  meant,  good- 
man  Meaker  ;  he  said  he  had  heard  something  of  him. 

George  Smith  informed  that  himself  is  wrapt  up  in 
the  same  case,  and  desires  it  may  be  considered,  and 
that  he  hath  also  charged  him  with  milking  of  the 
herd's  cows,  which  is  a  great  wrrong  to  him. 

Thomas  Mullenner  said  he  knew  not  of  any  pig's 
tail  or  ear  burnt,  yet  said  it  was  a  means  used  in 
England  by  some  honest  people  to  find  out  witches, 
but  if  it  was  naught  he  desired  to  see  it;  wherein 
he  seems  to  grant  the  thing  he  denied ;  and  Mrs. 
Mullenner  did  own  that  it  may  be  the  tail  or  ear 
might  be  burned,  but  Robert  Deny  and  Stephen 
Feirson,  servants  to  Thomas  Mullenner,  both  afiimed, 
that  after  some  of  the  pigs  had  died  in  this 
strange  manner,  their  master  said  that  he  feared  they 
were  bewitched,  and  if  it  went  on  he  would  try  what 
he  could  do  to  find  it  out,  and  when  there  was  but  one 
left,  and  that  sick,  he  brought  the  pig  to  the  fire  and 
cut  off  the  ear  and  tail  and  threw  it  into  the  fire,  arid 
after  put  the  pig  upon  the  fire  till  it  was  dead,  and  after 
he  fell  into  discourse  of  this  again,  and  said  that  he 
feared  some  of  his  neighbors  are  not  very  good,  and 
the  maid  said,  she  knew  who  he  meant,  goodman 
Meaker  ;  he  said  that  he  had  heard  something  of  him, 
and  because  he  charged  him  with  breaking  open  his 
fence,  therefore  he  hath  done  this  to  his  pigs. 

Mrs.  Mullenner  said  she  heard  her  husband  say 
so  much  as  shows  that  he  thought  the  pigs  were 


NEW  HAVEN  COLONY,  1657.  297 

bewitched,  but  she  heard  him  not  charge  "William 
Meaker  nor  any  other  man  with  it,  and  Thomas  Mul- 
lener  owned  that  it  was  so  in  his  thoughts,  and  that 
he  said  if  he  lived  among  neighbors,  or  near  neigh- 
bors, he  should  think  they  were  bewitched. 

******* 
Many  other  debates  passed,  but  in  the  issue  what 
had  passed  at  Newhaven  court  before,  about  unright- 
eousness in  marking  and  working  other  men's  cattle, 
&c.,  were  read,  and  upon  a  due  consideration  of  all 
together,  this  court  declared,  that  they  agree  with 
what  Newhaven  court  then  concluded,  and  therefore 
that  he  put  in  security  for  his  good  behavior  for  the 
future  in  these  and  the  like  cases,  or  remove  himself 
to  some  other  place.  The  taking  of  which  security  is 
referred  to  Newhaven  court  the  third  day  of  the  next 
week,  and  also  the  issuing  this  matter  betwixt 
William  Meaker,  George  Smith,  and  him.  They  pro- 
fessed now,  it  is  not  his  estate  they  seek,  but  a  refor- 
mation and  the  clearing  of  their  names,  in  which  they 
have  been  much  wronged  by  him.*  (224-26.) 

Oct.  1657. — William  East  was  told  there  is  a  sad 
fame  spread  abroad  of  his  excessive  drinking  and 
drunkenness,  so  that  people  as  they  go  in  the  street 
do  say,  that  Sergeant  East  was  drunk  yesterday  before 
ten  o'clock,  and  now  he  is  drunk  again  to  day  already. 
He  said  he  dares  not  say  he  is  clear,  but  is  sorry  lie 
hath  given  cause  for  such  reports.'  He  was  told  he 
hath  now  a  black  eye,  and  whether  it  came  not  by 

*It  is  noticeable,  that  this  action  was  hrought,  not  for  witchcraft, 
but  for  defamation.  Conjuration  by  pigs'  tails  would  have  been 
accounted  in  England  at  this  period  "  a  most  hideous  witchery," 
and  the  delinquent  would  doubtless  have  fared  harder  than  Thomas 
Mullenner  did  in  New  Haven ;  nor  would  Meaker,  the  suspected 
wizard,  have  escaped  so  easily. 

13* 


298  LAWS  AND  ORDERS  OF 

some  such  course  he  best  knows ;  of  which  he  said 
nothing  to  clear  himself,  yet  said  he  had  some  dis- 
temper which  fell  into  his  eye.  Some  of  Milford  being 
present,  as  Richard  Baldwin,  "William  Fowler  and 
Steven  Freman,  were  called  to  speak  what  they  know 
or  have  heard  in  the  case ;  but  first  Mr.  Fenn,  the 
magistrate,  said  that  he  thinks  he  hath  been  twice 
dealt  with  at  Milford  for  drunkenness.  (227.) 

General  Court,  May,  1660. — The  court  heing  deeply 
sensible  of  the  small  progress  or  proficiency  in  learn- 
ing that  hath  yet  been  accomplished,  in  the  way  of 
more  particular  town  schools,  of  later  years  in  this 
colony,  and  of  the  great  difficulty  and  charge  to  make 
pay  &c.,  for  the  maintaining  children  at  the  schools 
or  college  in  the  bay,  and  that  notwithstanding  what 
this  court  did  order  last  year  or  formerly,  nothing 
hath  yet  been  done  to  attain  the  ends  desired,  upon 
which  considerations  and  other  like,  this  court  for 
further  encouragement  of  this  work  doth  now  order, 
that  over  and  above  the  £40  per  annum,  granted  the 
last  year  for  the  end  then  declared,  that  £100  stock 
shall  be  duly  paid  in  from  the  jurisdiction  treasury, 
according  to  the  manner  and  times  agreed  and  expres- 
sed in  the  court  records,  giving  and  granting  that 
special  respect  to  our  brethren  at  Newhaven,  to  be 
first  in  imbracing  or  refusing  the  court's  encourage- 
ment or  provision  for  a  school,  whether  to  be  settled 
at  Newhaven  town  or  not ;  but  if  they  shall  refuse, 
Milford  is  to  have  the  next  choice,  then  Guilford,  and 
so  in  order  every  other  town  on  the  main  within  the 
jurisdiction  have  their  liberty  to  accept  or  refuse  the 
court's  tender,  yet  it  is  most  desired  of  all  that  New- 
haven  would  accept  the  business,  as  being  a  place 
most  probable  to  advantage  the  well  carrying  on  of 


NEW  HA  YEN  COLONY,  1660.  299 

the  school,  for  the  ends  sought  after  and  endeavored 
after  thereby  ;  but  the  college  ( after  spoken  of )  is 
affixed  to  Newhaven  ( if  the  Lord  shall  succeed  that 
undertaking).  It  is  further  agreed  that  all  and  every 
plantation  who  have  any  mind  to  accept  the  proposi- 
tions about  the  school,  shall  prepare  and  send  in  their 
answer  unto  the  committee  chosen  (of  all  the  magis- 
trates and  settled  elders  of  this  jurisdiction,  to  order, 
regulate  and  dispose,  all  matters  concerning  the  school, 
as  the  providing  instruments  and  well  carrying  on  of 
the  business,  from  time  to  time  as  they  shall  judge 
best,)  before  the  24th  of  June  instant,  that  so  if  any 
plantation  do  accept,  the  committee  may  put  forth 
their  endeavors  to  settle  the  business ;  but  if  all  refuse, 
then  it  must  be  suspended  until  another  meeting  of 
this  General  Court. 

And  for  further  encouragement  of  learning,  and 
the  good  of  posterity  in  that  way,  Mr.  John  Daven- 
port, pastor  of  the  church  of  Christ  at  Newhaven, 
presented  a  writing,  (as  before  appears,)  whereby  and 
wherewith  he  delivered  up  all  his  power  and  interest, 
as  a  trustee  by  Mr.  Hopkins,  for  recovering  and 
bestowing  of  all  that  legacy  given  by  him,  for  the  end 
of  furtherance  to  the  settlement  of  a  COLLEGE  AT 
KEWHAVEN  ;  he  also  propounded  therewith,  what  he 
apprehends  hath  been  granted  and  set  apart  by  the 
town  of  Newhaven  for  the  same  end,  with  a  request 
that  matters  thereabout  might  be  ordered  and  carried  on 
according  to  such  propositions  as  are  therein  set  down. 
All  which  the  general  court  took  thankfully,  both 
from  the  donors  and  Mr.  Davenport,  and  accepted  the 
trust  and  shall  endeavor  by  God's  help  to  get  in  the 
said  estate  and  improve  it  to  the  end  it  was  given  for. 

By  way  of  further  answer  to  what  was  propounded 


300  LAWS  AND  ORDERS  OF 

by  Mr.  Davenport  in  his  writing  presented,  the  court 
declared  that  it  was  their  desire  that  the  colony- 
school  may  begin  at  the  time  propounded,  and  to  that 
end  desire  that  endeavors  may  be  put  forth-  by  the 
committee  of  magistrates  and  settled  elders  formerly 
appointed  for  the  providing  a  schoolmaster,  &c.,  to 
whom  also  they  leave  it  to  appoint  a  steward  or 
receiver,  which  steward  or  receiver  they  empower  as 
is  propounded,  and  to  settle  a  committee  from  among 
themselves  to  issue  emergent  cases,  and  to  take  order 
that  a  chest  be  provided  wherein  the  writings  may  be 
laid  np  that  concern  this  business.  The  courj;  further 
declared  that  they  do  invest  Mr.  Davenport  with  the 
power  of  a  negative  vote,  for  the  reason  and  in  the 
cases  according  to  the  terms  in  his  writing  specified, 
and  that  they  shall  be  ready  to  confirm  such  orders 
as  shall  be  presented  which  in  the  judgment  of  the 
court  shall  be  conducible  to  the  main  end  intended. 

It  is  ordered  for  encouragement  of  such  as  shall 
diligently  and  constantly  (to  the  satisfaction  of  the 
civil  authority  in  each  plantation)  apply  themselves 
to  due  use  of  means  for  the  attainment  of  learning, 
which  may  fit  them  for  public  service,  that  they  shall  be 
freed  from  payment  of  rates  with  respect  to  their 
persons;  provided,  that  if  any  such  shall  leave  off  or 
not  constantly  attend  those  studies,  they  shall  then 
be  liable  to  pay  rates  in  all  respects  as  other  men  are. 

It  is  ordered  that  if  the  colony  school  shall  begin 
any  time  within  the  first  half  year  from  this  court  of 
election,  that  £40  shall  be  paid  by  the  treasurer  for 
this  year,  and  if  it  shall  begin  at  any  time  before  the 
election  next,  that  £20  shall  be  paid  by  the  treasurer 
upon  that  account.  (374-76.) 


VIII. 

THE  "BLUE  LAW"  FORGERIES  OF  PETERS. 

Of  the  Rev.  Sam.  Peters  and  Vis  veracious  "  General  History  of 
Connecticut,"  enough  has  been  said  in  the  Introduction  to  thi« 
volume  (pages  41-46).  After  giving  some  account  of  the  "Domin- 
ion of  Hartford" — where  the  Rev.  Thomas  Hooker  and  his  associ- 
ates, by  infecting  bibles,  had,  "to  the  eternal  infamy  of  the  Chris- 
tian policy,"  contrived  to  spread  the  small-pox  among  the  Indians, 
and  so  "swept  away  the  great  Sachem  Connecticote  [  an  imaginary 
personage]  and  laid  waste  his  ancient  kingdom," — Peters  proceeds 
to  sketch  the  history  of  the  "  Dominion  of  New  Haven."  "This 
Dominion,  this  tyrant  of  tyrants,  adopted  the  Bible  for  its  code  of 
civil  laws,  till  others  should  be  made  more  suitable  to  its  circum- 
stances :"  but  afterwards,  "they  gave  themselves  up  to  their  own 
inventions  in  making  others,  wherein,  in  some  instances,  they 
betrayed  such  an  extreme  degree  of  wanton  cruelty  and  oppression, 
that  even  the  rigid  fanatics  of  Boston,  and  the  mad  zealots  of 
Hartford,  put  to  the  blush,  christened  them  the  Blue  Laws"  etc. 
(p.  43).  On  page  63,  he  introduces  his  "sketch"  of  this  code,  as 
follows : — 

"The  laws  made  by  this  independent  Dominion, 
and  denominated  Blue-Laws  by  the  neighbouring 
Colonies,  were  never  suffered  to  be  printed  ;  but  the 
following  sketch  of  some  of  them  will  give  a  tolerable 
idea  of  the  spirit  which  pervades  the  whole. 

1.  The  Governor  and  Magistrates,  convened  in 
general  Assembly,  are  the  supreme  -power  under 
God  of  this  independent  Dominion.* 

*  The  General  Court  (which  in  New  Haven  Colony  was  never 
301 


302  THE  "ELUE  LAW" 

2.  From  the  determination  of  the    Assembly  no 
appeal  shall  be  made. 

3.  The  Governor  is  amenable  to  the  voice  of  the 
people. 

4.  The  Governor  shall  have  only  a  single  vote  in 
determining  any   question ;   except  a  casting  vote, 
when  the  Assembly  may  be  equally  divided. 

5.  The  Assembly  ot  the  People  shall  not  be  dis- 
missed by  the  Governor,  but  shall  dismiss  itself. 

6.  Conspiracy    against    this    Dominion   shall   be 
punished  with  death. 

7.  Whoever  says  there  is  a  power  and  jurisdiction 
above  and  over  this  Dominion,  shall  suffer  death  and 
lose  of  property. 

8.  Whoever  attempts  to  change  or  overturn  this 
Dominion  shall  suffer  Death. 

9.  The  judges  shall  determine  controversies  with- 
out a  jury. 

10.  No  one  shall  be   a  freeman,   or  give  a  vote, 
unless  he  be  converted,  and  a  member  in  full  com- 
munion of  one  of  the  Churches  allowed  in  this  Do- 
minion.* 

11.  No  man  shall  hold  any  office,  who  is  not  sound 

denominated  the  "General  Assembly'')  consisted  of  the  Governor, 
Deputy  Governor,  and  Magistrates,  "  and  two  deputies  for  each 
plantation,"  chosen  by  the  freemen  ;  "and  nothing  shall  be  conclu- 
ded, and  pass  as  an  act  of  the  General  Court  (  unless  in  cases  ex- 
pressly excepted,)  but  by  the  consent  and  vote  of  the  major  part  of 
the  magistratesj  together  with  the  consent  and  vote  of  the  greater 
part  of  the  Deputies." — Fundamental  Agreement;  see,  before, 
pages!83,  186. 

*  The  law  only  required  membership  "of  some  one  or  other  ot 
the  approved  churches  of  New  England."    See,  before,  page  180. 


FORGERIES  OF  PETERS.  303 

in  the  faith,  and  faithful  to  this  Dominion ;  and  who- 
ever gives  a  vote  to  such  a  person,  shall  pay  a  fine  of 
JB1;  for  a  second  offence,  he  shall  be  disfranchised. 

12.  Each  freeman  shall  swear  by  the  blesssed  God 
to  bear  true  allegiance  to  this  Dominion,  and   that 
Jesus  is  the  only  King. 

13.  No  Quaker  or  Dissenter  from  the  established 
worship  of  this  Dominion  shall  be  allowed  to  give 
a  vote  for  the  election  of  Magistrates,  or  any  officer. 

14.  No  food   or  lodging  shall  be   afforded   to   a 
Quaker,  Adamite,  or  other  Heretic.* 

15.  If  any  person  turns  Quaker,  he  shall  be  ban- 
ished, and  not  suffered  to  return  but  upon  pain  of 
death. 

16.  No  Priest  shall  abide  in  the  Dominion ;   he 
shall   be  banished,  and  suffer  death  on  his  retnrn.f 
Priests  may  be  seized  by  any  one  without  a  warrant. 

17.  No  one  to  cross  a  river,  but  with  an  authorized 
ferryman. 

18.  No  one  shall  run  on  the  Sabbath-day,  or  walk 
in  the  garden  or  elsewhere,  except  reverently  to  and 
from  meeting.  \ 

*  In  another  place  ( p.  198 ),  Peters  says  that  entertainment  of 
Quakers,  Anabaptists,  or  Adamites,  was  "  punished  for  the  first 
and  second  offence  with  fines,  and  with  death  for  the  third."  He 
makes  this  statement  in  connection  with  what  is  perhaps  the  most 
atrocious  lie  in  his  whole  book — which  he  professes  to  tell  for  the 
purpose  of  "shewing  the  danger  of  admitting  a  wife  to  give  evi- 
dence against  her  husband,  according  to  the  Blue  Laws." 

f  No  Priest,  &c.  There  was  nothing  like  this  in  the  code,  but 
New  York  had  such  a  law,  and  Virginia  forbade  any  popish  priest 
to  remain  in  the  province  more  than  five  days  after  notice,  and 
subjected  every  popish  "recusant"  to  a  heavy  fine,  on  conviction. 

J  "In  1750,  an  episcopal  clergyman,  born  and  educated  in  Eng- 
land, who  had  been  in  holy  orders  above  twenty  years,  once  broke 


304:  THE  "BL  UE  LA  W  " 

19.  No  one  shall  travel,  cook  victuals,  make  beds, 
sweep  house,  cut  hair,  or  shave,  on  the  Sabbath-day. 

20.  No  woman  shall  kiss  her  child  on  the  Sabbath 
or  fasting-day.* 

21.  The  Sab.bath  shall  begin   at   sunset   on   Sat- 
urday. 

22.  To  pick  an  ear  of    corn  growing  in  a  neigh- 
bour's garden,  shall  be  deemed  theft,  f 

their  sabbatical  law,  by  combing  a  discomposed  lock  of  hair  on  the 
top  of  his  wig ;  at  another  time,  by  making  a  humming  noise, 
which  they  called  a  whistling ;  at  a  third  time,  by  walking  too 
fast  from  church ;  at  a  fourth  by  running  into  church  when  it 
rained;  at  a  fifth  by  walking  in  his  garden,  and  picking  a  bunch  of 
grapes  :  for  which  several  crimes  he  was  complained  of  by  the  grand 
jury,  had  warrants  against  him,  was  seized,  brought  to  trial,  and 
paid  a  considerable  sum  of  money." — Peters,  p.  305.  It  is  needless 
to  add,  that  the  "  episcopal  clergyman"  and  his  trial,  are  as  apocry- 
phal as  the  "blue  law"  which  he  violated. 

*  No  Woman  shall  kiss,  etc.  This  reminds  one  of  Josselyn's 
abstract  of  an  (imaginary)  law  of  Massachusetts,  about  1673  :  "For 
kissing  a  woman  in  the  street,  though  in  way  of  civil  salute, — 
whipping,  or  a  fine." — Two  Voyages  to  JV.  England,  p.  179. 

John  Taylor  ("the  Water  Poet'')  in  his  "Character  of  A  Separa- 
tist," mentions  one   precaution   for  the   strict  observance   of  the 
Sabbath,  which  Peters  forgot  to  add  to  his  New  Haven  code  : — 
"Upon  the  Sabbath,  they'l  noPhysick  take, 
Lest  it  should  teorke,  and  so  the  Sabbath  breake." 

f  The  penalty  for  robbing  a  garden  or  orchard,  or  stealing  fruit, 
&c.  was  payment  of  double  damages,  and  "  such  further  fine  and 
punishment  as  the  Court  shall  judge  meet."  See  the  code  of  1G55, 
(before,  p.  197,)  title  "Burglary,  and  Theft."  With  this  compare 
the  law  of  Virginia,  1610  -  12  :— 

"What  man  or  woman  soever  shall  rob  any  garden,  public  or 
private,  being  set  to  weed  the  same,  or  wilfully  pluck  up  therein 
any  root,  herb,  or  flower,  to  spoil  and  waste  or  steal  the  same,  or 
rob  any  vineyard,  or  gather  up  the  grapes,  or  steal  any  ears  of 
the  corn  growing,  whether  in  the  ground  belonging  to  the  same 


FORGERIES  OF  PETERS.  305 

23.  A  person  accused  of  trespass  in  the  night  shall 
be   judged  guilty,    unless  he  clear  himself  by  his 
oath. 

24.  When  it  appears  that  an  accused  has  confed- 
erates, and  he  refuses  to  discover  them,  he  may  be 
racked.* 

25.  No  one  shall  buy  or    sell   lands  without  per- 
mission of  the  selectmen. 

26.  A  drunkard  shall  have    a  master  appointed  by 
the  selectmen,  who  are  to  debar  him  from  the  liberty 
of  buying  and  selling. 

27.  Whoever  publishes  a  lye  to  the  prejudice  of  his 
neighbour,  shall  sit  in  the  stocks,  or  be  whipped  fif- 
teen stripes,  f 

28.  No  Minister  shall  keep  a  school. 

29.  Every  rateable  person  who  refuses  to  pay  his 
proportion  to  the  support  of  the  minister  of  the  town 
or  parish,  shall  be  fined  by  the  Court  £2,  and  £4 
every  quarter,  until  he  or  she  pay  the  rate  to  the 
Minister. 

30.  Men-stealers  shall  suffer  death. 


fort  or  town  where  he  dwelleth,  or  in  any  other,  shall  be  punished 
with  death.'' — Laws  for  the  Colony  of  Virginea,  (  London,  1612,) 
reprinted  in  Force's  Tracts  (vol.  iii.),  p.  17. 

*  Torture  was  much  employed  by  the  Dutch  at  New  Amsterdam, 
to  extort  confessions  of  crime  and  the  betrayal  of  confederates  ; 
but  it  was  never  resorted  to  in  New  Haven  or  Connecticut. 

f"The  New  Haven  code  [see,  before,  p.  239,]  contained  a  law 
against  lying ;  but  it  is  not  here  correctly  represented ;  though  it  is  a 
little  remarkable,  that  the  author  in  this  instance  swerves  less  from 
the  fact  than  perhaps  in  the  case  of  any  other  law  in  his  whole  list. 
He  must  have  felt  a  peculiar  horror  of  that  ordinance  ;  which  cir- 
cumstance probably  fixed  the  terms  of  it  more  exactly  in  his  mind." 
Prof.  Kingsley,  Hist.  Discourse,  107. 


306  THE  ' 'SL  UE  LA  W" 

31.  Whoever    wears    cloaths  trimmed  with  gold, 
silver,  or  bone  lace,  above  two  shillings  by  the  yard, 
shall  be  presented  by  the  grand  jurors,  and  fcke  select- 
men shall  tax  the  offender  at  £300  estate. 

32.  A  debtor  in  prison,  swearing  he  has  no  estate, 
shall  be  let  out,  and  sold,  to  make  satisfaction. 

33.  Whoever  sets  a  fire  in  the  woods,  and  it  burns 
a  house,  shall  suffer  death  ;  and  persons  suspected  of 
this  iriine  shall  be  imprisoned,  without    benefit   of 
bail.* 

34.  Whoever  brings  cards  or  dice  into  this  Domin- 
ion shall  pay  a  fine  of  £5. 

35.  No  one  shall  read  Common-Prayer,  keep  Christ- 
mas or  Saints'-days,  make  minced  pies,  dance,  play 
cards,  or  play  on  any  instrument  of  music,  except  the 
drum,  trumpet,  and  jews' -harp. 

36.  No  Gospel  Minister  shall  join  people  in  mar- 
riage.    The  Magistrates  only  shall  join  in  marrriage, 
as  they  may  do  it  with  less  scandal  to  Christ's  Church. 

37.  When  parents  refuse  their  children  convenient 
marriages,  the  Magistrates  shall  determine  the  point. 

38.  The  selectmen,  on  finding  children   ignorant, 
may  take  them  away  from  their  parents,  and  put  them 
into  better  hands,  at  the  expense  of  their  parents. 

39.  Fornication  shall  be  punished  by  compelling 
marriage,  or  as  the  Court  may  think  proper. 

40.  Adultery  shall  be  punished  with  death. 

41.  A  man  that  strikes  his  wife  shall  pay  a  fine  of 

*  "  Whoever  sets  a  fire,"  etc.  See  the  law  on  this  subject,  in  the 
code  of  1655, — on  page  222.  The  penalty  was  the  payment  of  one 
and  a  half  the  damage,  or  in  default  of  payment,  corporal  punish- 
ment at  the  discretion  of  the  court. 


FORGERIES  OF  PETERS.  307 

£10 ;  a  woman  that  strikes  her  husband  shall  be  pun- 
ished as  the  Court  directs. 

42.  A  wife  shall  be  deemed  good  evidence  against 
her  husband. 

43.  No  man  shall  court  a  maid  in  person,  or  by  let- 
ter, without  first  obtaining  consent  of  her  parents : 
£5  penalty  for  the  first  offence,  £10  for  the  second ; 
and  for  the  third,  imprisonment  during  the   pleasure 
of  the  Court. 

44.  Married  persons  must  live  together,  or  be  im- 
prisoned. 

45.  Every   male   shall  have  his    hair  cut  round, 
according  to  a  cap."* 

"  Of  such  sort,"  remarks  Peters,  "  were  the  laws 
made  by  the  people  of  New  Haven,  previous  to  their 
incorporation  with  Saybrook  and  Hertford  colonies 
by  the  charter.  They  consist  of  a  vast  multitude,  and 
were  very  properly  termed  Blue  Laws,  i.  e.  bloody 
Laws',  for  they  were  all  sanctified  with  excommun- 
ication, confiscation,  fines,  banishment,  whippings, 
cutting  off  the  ears,  burning  the  tongue,  and  death." 

(pp.  69,  70.) 

In  another  place  (pp.  40-42,)  he  gives  "  a  specimen  of  the  tenets 
established  by  Davenport "  in  the  .New  Haven  church : — 

'•  That  all  other  Kings,  besides  Christ  and  his  elected 
People,  are  pestilent  usurpers  and  enemies  to  God  and 
man  :  that  all  Vicars,  Kectors,  Deans,  Priests,  and 

*Every  male,  etc.  "  When  caps  were  not  to  be  found,  they 
substituted  the  hard  shell  of  a  pumkin,  which  being  put  on  the 
head  every  Saturday,  the  hair  is  cut,  by  the  shell,  all  round  the 
head."  (Peters,  p.  196.)  "The  pumpkin  or  pompion,  is  one  of  the 
greatest  blessings,  and  held  very  sacred,  in  New  England.  .  .  . 
Its  skin,  or  shell,  serves  lor  caps  to  cut  the  hair  (as  already  men- 
tioned), and  for  very  useful  lanthorns."  Ibid,  246. 


308  FORGERIES  OF  PETERS. 

Bishops,  are  of  the  Devil ;  are  Wolves,  petty  Popes, 
and  antichristian  Tyrants :  .  .  .  .  that  all  things  of 
human  invention  in  the  worship  of  God,  such  as  are 
in  the  Mass-book  and  Common-Prayer,  are  unsavory 
in  the  sight  of  God :  .  .  .  .  that  all  good  people  ought 
to  pray  always  that  God  would  raze  the  old  Papal 
foundation  of  episcopal  government,  together  with  the 
filthy  ceremonies  of  that  anti-christian  Church :  that 
every  particular  who  neglects  this  duty,  may  justly 
fear  that  curse  pronounced  against  Meroz, — Judg.  v. 
23 :  ....  that  it  is  an  heinous  sin  to  be  present  when 
prayers  are  read  out  of  a  book  by  aVicar  or  Bishop :" 
&c. 


IX. 


EARLY  LAWS  AND  JUDGMENTS  IN  OTHER 
AMERICAN   COLONIES. 

NEW  YORK. 
(UNDER  THE  DUTCH.) 

CKtMES   AND  PUNISHMENTS. 

"Judge  Daly,  in  his  valuable  and  interesting  paper  on  the  Judi- 
cial organization  of  the  State,  says :  '  Upon  perusing  the  records 
of  New  Amsterdam  tribunals  it  is  impossible  not  to  be  struck  with 
the  comprehensive  knowledge  they  display  of  the  principles  of 
jurisprudence,  and  with  the  directness  and  simplicity  with  which 
legal  investigations  were  conducted.  In  fact,  as  a  means  of  ascer- 
taining truth  and  doing  substantial  justice,  their  mode  of  proceeding 
was  infinitely  more  effective  than  the  technical  and  artificial  system 
introduced  by  their  English  successors.'  The  Dutch  here  were  a 
humane  as  well  as  a  just  people." — The  Old  Stadt  Huys  of  New 
Amsterdam;  a  paper  read  before  the  New  York  Historical  Society, 
June  15th,  1875,  by  James  W.  Gerard;  pp.  50,  61. 

Most  of  the  specimens  here  presented  are  taken  from  Dr.  E.  B. 
O'Callaghan's  "Calendar  of  Dutch  Manuscripts"  in  the  Secretary's 
Office  at  Albany.  To  present  these  in  their  fairest  possible  light, 
they  are  unaccompanied  by  any  comments,  except  such  as  are  sup- 
plied by  extracts  from  Mr.  Gerard's  historical  monograph  on  "The 
Old  Stadt  Huys  of  New  Amsterdam,"  and  by  Judge  Daly's  remarks 
on  the  directness  and  simplicity  of  Dutch  legal  proceedings.  A 
note  or  two  from  Mr.  Brodhead's  History  of  New  York,  contrasting 
the  Dutch  with  their  bigoted  neighbors  of  New  England,  will  be 
introduced  further  on. 

Torture,  in  Criminal  Prosecutions. 

Oct.  5,  1639:  Hendrick  Jansen,  gunner's  mate  of 
309 


310  EARL  T  LA  WS  $c. 

the  ship  Herring,  from  Bremen,  charged  with  an 
assault  on  the  deputy  fiscal,  was  subjected  to  torture, 
"but  he  persisted  in  the  lie." — Calendar  of  Dutch 
Mss.,  p.  69. 

Nov.  22,  1641 :  Jan  Hobbesen,  charged  with  theft 
(stealing  a  sheet  from  a  tavern)  "persisting  in  denying 
the  charge,  is  put  to  the  torture,  after  which  he  con- 
fessed his  guilt ;"  is  sentenced  "  to  be  whipped  with 
rods,"  and  banished.  Ibid.,  77,  78. 

May  31,  1646 :  Hans  Tymonsen,  a  ship's  gunner, 
"is  asked  to  whom  he  sold  the  Company's  powder,  and 
remaining  obstinate,  is  ordered  to  be  imprisoned,  and 
then  subjected  to  torture  if  he  do  not  confess."  Ibid., 
101. 

Sept.  30,  1647:  Michel  Picquet,  a  Frenchman, 
charged  with  slandering  and  threatening  ex-director 
Kieft  and  director  Stuyvesant..  The  opinion  of  Stuy- 
vesant  was, "  that  there  being  four  witnesses  in  support 
of  the  above  charge,  it  is  unnecessary  to  subject  him 
to  torture".  Ibid.,  109, 113.  [Picquet  was  sentenced 
to  18  years  imprisonment  at  hard  labor,  and  perpetual 
banishment.] 

Aug.  24,  1654:  A  prisoner  charged  with  burglary, 
subjected  to  torture,  by  order  of  the  Council,  "in 
order  that  he  may  discover  his  accomplices."  Ibid.,  140. 

Dec.  6,  1663:  Frans  Jansen,  charged  with  theft:  a 
motion  that  he  be  subjected  to  torture,  to  compel  him 
to  answer  certain  interrogatories,  was  denied  by  the 
council,  because  he  "  had  already  been  once  tortured, 
and  twice  whipped,  without  eliciting  any  additional 
information  from  him." — Ibid.,  256,  257.  [He  was 
sentenced  "  to  be  severely  flogged  in  public,  and  then 
banished."] 


OF  NEW  YORK.  3H 

Capital  Offences. 

1641.  Jan,  17.  Eight  negroes  who  were  accused  of 
the  murder  of  another  negro,  pleaded  guilty.  The 
Council  sentenced  the  prisoners  to  draw  lots,  to  deter- 
mine who  shall  suffer  death  ;  whereupon,  the  lot  "  by 
God's  providence  "  fell  on  Manuel  Gerrit,  "  the  giant " 
who  was  sentenced  to  be  hanged.  Ibid.,  74. 

1644,  July  7.  Three  soldiers  tried  by  court  martial, 
for  having  (accidentally)  killed  a  man,  by  the  dis- 
charge of  a  gun  ;  sentenced  to  be  shot, — but  pardoned, 
"such  sentence  having  been  pronounced  only  to  make 
an  impression  on  them  and  others."  Ibid.,  89. 

1646,  June  25.    Jan  Creoli,  a  negro,  convicted  of 
sodomy,  the  second  offence ;  sentenced  "to  be  conveyed 
to  the  place  of  public  execution,  and  there  choked  to 
death  and  then  burnt  to  ashes."     The   Court  base 
their  judgment  on  the  ground  that  this  crime  is  "  con- 
demned of  God,  Genesis,  ch.  19 ;  Levit.,  ch.  18,  vv. 
22,  29,  as  an  abomination."    Ibid.,  103. 

1660,  June  17.  A  soldier,  found  guilty  of  the  same 
offence,  sentenced  to  be  stripped  of  his  arms,  his  sword 
broken  at  his  feet,  and  then  "  to  be  tied  in  a  sack  and 
cast  into  the  river  and  drowned  until  dead."  Ibid.,  213. 

Peculiar  Penalties. 

1646. — A  ship's  chief-mate,  for  smuggling  and  theft, 
and  for  an  assault  on  the  commissary,  sentenced  by  the 
Council,  "  to  jump  three  times  from  the  yard-arm, 
to  be  whipped  by  all  the  crew,  and  immediately  after- 
wards turned  out  of  the  ship,  with  loss  of  three 
month's  wages."  Ibid.,  102. 

1647,  Nov.  15. — Jonas  Jonassen,  a  soldier,  for  rob- 
bing hen-roosts  and  killing  a  pig,  sentenced  "  to  ride 


312  EARLY  LAWS  $c. 

the  wooden  horse  three  days,  from  2  p.  M.  till  the  con- 
clusion of  the  parade,  with  a  fifty  pound  weight  tied 
to  each  foot"  Ibid.,  114. 

1648,  March  3.  An  Englishman,  guilty  of  forni- 
c&tion,  pardoned  "on  condition  that  \\zsawfircwood 
one  year  for  the  "West  India  Company."  Hid.,  115. 

1642,  Aug.  14.  The  defendant  in  an  action  for 
slander,  is  sentenced  "  to  throw  something  in  the  box 
for  the  poor"  Ibid.,  81. 

1644,  Nov.  25.  Thomas  Cornel,  an  Englishman,  in 
the  service  of  the  W.  I.  Company,  tried  for  desertion, 
and  pleading  guilty,  was  sentenced  by  the  Council, 
"  to  be  conveyed  to  the  place  of  execution,  and  there 
fastened  to  a  stake,  and  a  ball  fired  over  his  head,  as 
an  example  to  other  evil  doers"  Ibid.,  92. 

1658,  April  15.  Nicholas  Albertsen,  for  deserting 
his  ship,  and  his  betrothed,  after  publication  of  the 
banns,  sentenced  "  to  have  his  head  shaved,  then  to  be 
flogged  and  have  his  ears  bored,  and  to  work  two  years 
with  the  Company's  negroes."  Ibid.,  194,  195. 

1664,  May  12.  Jan  Willemsen  van  Iselstein,  for 
abusive  language  and  an  insolent  letter  to  the  magis- 
trates of  Bushwyck,  sentenced  "to  be  fastened  to  a 
stake  at  the  place  of  public  execution,  with  a  bridle  in 
his  mouth,  rods  under  his  arm,  and  a  paper  on  his 
breast  with  an  inscription,  'Lampoon  Writer,  False 
Accuser,  and  Defamer  of  Magistrates] — and  after- 
wards banished,  with  costs."  Ibid.,  265.  [The  bearer 
of  the  "insolent  letter,"  for  that  offence  and  "for 
using  very  indecent  language"  received  a  like  sen- 
tence.] 

1664,  July  29.  Edward  "Wells,  found  guilty  of  having 
"  asserted  that  Long  Island  was  the  King's  territory, 


OF  NEW  YORK.  313 

and  that  New  Amsterdam  -would  soon  become  BO," 
was  sentenced  to  be  tied  to  a  stake,  at  the  place  of 
execution,"  and  a  bridle  put  in  his  mouth,  and  to  have 
a  paper  fastened  to  his  breast,  inscribed  with  the  words 
'Disturber  of  the  Public  Peace,''  and  to  pay  costs." 
The  sentence  was  afterwards  commuted  to  a  fine  of 
100  guilders.  Ibid.,  268. 

Treatment  of  Slaves. 

"  Although  slaves  were  held  in  New  Amsterdam,  they  were 
treated  with  great  kindness,  and  allowed  unusual  license,  and 
could  not  be  beaten,  ad  libitum,  by  their  owners." — Mr.  J.  W.  Ger- 
ard's paper  on  the  The  Old  Stadt  Huyst  (read  before  the  N.  Y.  Hist. 
Society,)  p.  51. 

Nov.  17,  1639  :— "  At  the  requisition  of  the  Attor- 
ney General,  it  was  declared  by  Gysbert  Opdyck, 
Commissary  in  Fort  Hope,  that  he  gave  his  black 
boy,  named  Louis  Barbese  [Berbice  ?]  the  pan  to  fry 
cakes,  and  whereas  the  fire  was  too  hot  for  the  boy, 
so  Opdyck  took  the  pan  in  his  own  hand,  and  placed 
his  knife  in  the  hands  of  the  black,  then  he  com- 
manded the  boy  to  fetch  a  dish,  who  brought  one  very 
unclean,  on  which  Opdyck  struck  the  black,  who,  to 
evade  it,  tried  to  take  hold  of  Opdyck,  who  thrusted 
him  away,  so  that  the  boy  fell  down  on  his  left  side, 
when  he  kicked  him  with  his  feet.  The  boy  then 
went  out  of  the  door  and  fell  down ;  when  Opdyck 
discovered  the  knife,  crooked  as  a  hoop,  and  went  to 
look  at  the  boy,  who  was  wounded  in  his  body  under 
the  left  arm,  and  died  very  suddenly."— Dutch  Kec- 
ords  (Translated),  vol.  ii.  p.  72. 

DEALINGS  WITH  DISSENTERS. 

"  When  under  the  insania  of  religious  sectarianism,  the  arm  of 
the  civil  government  in  New  England,  as  has  been  remarked  by 

14 


314  EARLY  LAWS  $c. 

Judge  Story, « was  employed  in  support  of  the  denunciations  of  the 
Church,'  the  Island  of  Manhattan  was  a  refuge  for  the  oppressed." — 
Gerard's  The  Old  Stadt  Huys,  pp.  46-7. 

"  There  were  doubtless  some  who  emigrated  merely  to  en- 
large their  estates.  But  there  were  many  others,  whose  only  mo- 
tive for  the  change  was  the  religious  intolerance  of  their  own 
countrymen.  They  left  New  England  to  seek,  in  New  Netherland, 
'freedom  to  worship  God.' — Brodhead's  History  of  New  York,  i. 
334. 

"If  the  Fatherland  gave  an  asylum  to  self-exiled  Puritans  of 
England,  New  Netherland  as  liberally  sheltered  refugees  from  the 
intolerant  governments  on  her  eastern  frontier." — Ibid.,  749. 

1654. — The  Lutherans  petitioned  for  permission 
to  worship  in  a  church  of  their  own,  and  to  call  a  cler- 
gyman. Director  Stuy vesant  refused,  for  the  reason 
that  he  was  bound  by  his  oath  to  tolerate  openly  no 
other  religion  than  the  Reformed  (Brodhead's  Hist, 
of  N.  Y.,  i.  581).  The  Lutherans  were  "  not  allowed 
to  call  a  minister,  or  to  enjoy  freedom  of  worship." 
(Calendar  of  Dutch  MSB.,  p.  279.) 

1656. — Proclamation  against  unauthorized  Conven- 
ticles :  "  To  promote  the  glory  of  God,  the  increase 
of  the  [Dutch]  Reformed  religion,  and  the  peace  and 
harmony  of  the  country,"  all  preachers  not  having 
been  called  thereto  by  lawful  authority,  are  forbidden 
to  hold  conventicles  not  in  harmony  with  the  estab- 
lished religion  as  set  forth  by  the  Synod  of  Dort,  "  and 
here  in  this  land  and  in  the  Fatherland,  and  in  other 
Reformed  churches  observed  and  followed."  Every 
unlicensed  preacher  who  violated  this  ordinance, 
incurred  a  fine  of  100  pounds  Flemish,  and  every  per- 
son who  should  attend  such  a  prohibited  meeting, 
became  liable  to  a  penalty  of  25  pounds.  Brodhead's 
History,  i.  617. 

1658,  April    16. — The    Rev.   Johannes    Ernestus 


OF  NEW  YORK. 

Gutwater,  a  Lutheran  minister,  was  ordered  by  the 
council  "  to  quit  the  province  and  return  to  Holland." 
— Calendar  of  Dutch  Mss.,  195. 

1659,  Feb.  13. — The  Directors  order  that  Lutherans 
shall  not  be  allowed  the  public  exercise  of  their  relig- 
ion. Ibid.,  287. 

Baptists. 

1656,  Nov.  8.— The  sheriff  of  Flushing,  Wm.  Ilal- 
let,  removed    from    office,    fined    501.   Flemish,  and 
banished,  and  to   remain   in  prison  till  his  fine  and 
costs  are  paid, — for  allowing  Baptist  conventicles  in 
his  house.    Ibid.,  177. 

William  Wickendam,  for  officiating  as  a  gospel 
minister,  at  Flushing,  without  authority,  fined  100Z. 
Flemish,  and  banished,  and  imprisoned  until  his  fine 
and  costs  are  paid.*  Ibid.,  177. 

Quakers. 

1657,  August. — Two  English  Quakers  arrested  and 
imprisoned  at  New  Amsterdam,  for  public  preaching. 
When  discharged,  they  with  other  Quakers  who  had 
come  in  the  same  ship,  left  for  Rhode  Island,  where 
(wrote  Dominie  Megapolensis)  "all  kinds  of  scum 
dwell,  for- it  is  nothing  else  than  a  sink  for  New 
England."     Brodhead,  i.  636. 

1657. — Robert   Hodgson,    a    Quaker,   arrested   at 

*"  Last  year  a  fomenter  of  error  came  there.  He  was  a  cobbler 
from  Rhode  Island,  in  New  England,  and  stated  that  he  was  com- 
missioned by  Christ.  He  began  to  preach  at  Flushing,  and  then 
went  with  the  people  into  the  river  and  dipped  them.  This  becom- 
ing known  here  [at  New  Amsterdam],  the  Fiscal  proceeded  thither 
and  brought  him  along."  Letter  of  Aug.  5,  1657,  from  the  Rev. 
Messrs.  Megapolensis  and  Drisius  to  the  classis  of  Amsterdam; 
in  O'Callaghan's  Doc.  Hist,  of  New  York,  iii.  71. 


316  EARLY  LAWS  $c. 

Heemstede  (L.  I.)  and  committed  to  the  dungeon  of 
Fort  Amsterdam.  Sentenced  by  the  Council  to  pay 
a  fine  of  600  guilders,  or  to  labor  two  years  at  a  wheel- 
barrow, in  company  with  a  negro.  On  his  refusal  to 
work,  when  chained  to  the  barrow,  he  was  beaten  by 
a  negro  with  a  tarred  rope,  till  he  fell  down.  Finally, 
after  frequent  whippings,  he  was  banished  from  the 
province.  IT>id.,  636. 

1657. — Proclamation  against  Quakers.  Yessels 
bringing  any  Quaker  into  the  province,  were  to  be 
confiscated,  and  every  person  who  should  entertain  a 
Quaker  for  a  single  night  was  to  be  fined  50  pounds. 
Ibid.,  637. 

1658. — John  Tilton,town  clerk  of  Gravesend  (L.  I.), 
fined  12  pounds  Flemish,  for  giving  a  lodging  to  a 
woman  of  "  the  abominable  sect  called  Quakers." 
Ibid.,  188. 

1658,  Jan.  1. — The  (English)  magistrates  and  inhab- 
itants of  Flushing,  L.  I.,  arrested  and  tried,  for  having 
presented  to  the  Council  a  remonstrance  against  the 
proclamation  against  Quakers.  Calendar  of  Dutch 
Mss.,  187. 

1661. — Henry  Townsend,  of  Jamaica,  fined  25 
pounds  for  attending  Quaker  meetings.  Samuel 
Spicer,  a  Quaker,  fined  12Z.  John  Til  ton  and  John 
Townsend,  Quakers,  banished  the  province.  Ibid., 
220,  224. 

1662. — Another  proclamation  against  the  public  ex- 
ercise of  any  religion  but  the  Dutch  Reformed,  "  in 
houses,  barns,  ships,  woods,  or  fields,"  under  penalty 
of  50  guilders;  double  for  the  second  offence ;  quad- 
ruple for  the  third,  with  other  correction  at  the  dis- 
cretion of  the  court.  BrodJiead,  i.  706. 


OF  NEW  YORK.  317 

1662,  Sept. — John  Browne,  of  Flushing,  a  Quaker, 
fined   25£.  for  lodging  Quakers,  and   holding  meet- 
ings of   "  that  abominable   sect."     (Oct.)   John   and 
Mary  Tilton  for  frequenting  conventicles,  and  Michal 
Spicer  and  her  son  Samuel,  for  harboring  Quakers  and 
distributing  Quaker  pamphlets,  were  ordered  to  leave 
the  province  before  Nov.  20th.     Calendar,  p.  240. 

1663.  Jan.  9th,  John  Bowne,  refusing  to  pay  his 
fine,  after  three  months'  imprisonment,  was  sentenced 
to  be  transported  from  the  province,  "in  the  first  ship 
ready  to  sail."  [Like  Roger  Williams,  he  was  cast  out 
"  in  the  dead  of  winter."] — JBrodhead,  i.  706. 

Support  of  the  Ministry. 

1662,  May  25.  Levy  of  execution  granted  against 
the  inhabitants  of  Heemstede,  L.  I.,  who  had  refused 
to  pay  their  tax  for  support  of  a  minister. — Calendar, 
237. 

(NEW  YORK  UNDER  THE  ENGLISH.") 
"The  spirit  of  peace  and  good  will  that  reigned  in  New  Amster- 
dam still  breathed  benignly  over  the  city  changed  in  name,  and 
stamped  it  then,  as  now,  imperial,  not  only  in  commerce,  but  in 
humanity." — The  Old  Stadt  Ifuys,  p.  44. 

Proclamation  against  Presbyterian  Preachers. 

1707.  "Whereas  I  am  informed  that  one  Mackennan 
[Rev.  Francis  Makemie]  and  one  Hampton  [Rev. 
John  Hampton  ],  two  Presbyterian  Preachers  who 
lately  came  to  this  City,  have  taken  upon  them  to 
preach  in  a  private  house,  without  having  obtained 
any  license  for  so  doing,  which  is  directly  contrary 
to  the  known  laws  of  England ;  and  being  likewise 
informed,  that  they  are  gone  into  Long  Island,  with 
intent  there  to  spread  their  Pernicious  Doctrine  and 


318  EARLY  LAWS  $c. 

Principles,  to  the  great  disturbance  of  the  Church 
by  law  Established,  and  of  the  Government  of  this 
Province :  You  are  therefore  hereby  required  and 
commanded  to  take  into  your  custody  the  bodies  of 
the  said  Mackennan  and  Hampton,  and  them  to  bring 
with  all  convenient  speed  before  me,  at  Fort  Anne 
in  New  York.  And  for  so  doing,  this  shall  be  your 
sufficient  Warrant.  Given  under  my  hand,  at  Fort 
Anne,  this  21st  day  of  January,  1706-07. 

COKKBUBY. 

To  Thomas  Cardale  Esqr.  High  Sheriff 
of  Queen's  County,"  etc. 

[The  Rev.  Messrs.  Makemie  and  Hampton,  who 
stopped  a  few  days  in  New  York,  on  their  way  to 
New  England,  had  preached,  the  one  in  a  private 
house  in  the  city,  the  other  at  Newtown,  L.  I.  Under 
the  foregoing  warrant  from  the  Governor,  both  were 
arrested,  and  imprisoned  nearly  two  months,  before 
being  admitted  to  bail.  Mr.  Makemie  was  tried,  in 
June,  1707,  and  acquitted  by  the  jury,  but  the  Court 
compelled  him  to  pay  for  the  costs  of  prosecution 
and  expenses,  about  300  dollars.  See  "A  Narrative 
etc.,  of  the  Prosecution  of  Mr.  Francis  Makemie,  for 
Preaching  one  Sermon  at  the  City  of  New  York," 
reprinted  in  Force's  Tracts,  vol.  4.] 

Ministers  paid  and  Churches  ~built  "by  Taxation. 

1693. — Whereas  Prophaneness  and  Licentiousness 
hath  of  late  overspread  this  Province,  for  want  of  a 
settled  ministry,  whereby  the  Ordinances  of  God 
may  be  duly  administered,  etc.,  Enacted,  That  in 
each  of  the  cities  and  counties  hereafter  named,  there 
be  called,  induced,  and  established  one  good  and 


OF  NEW  YORK.  319 

sufficient  Protestant  Minister,  within  one  year  after 
the  date  of  this  act. 

And  for  the  encouragement  of  the  Ministers,  there 
shall  be  paid  to  them,  respectively,  as  follows :  for 
the  city  and  county  of  New  York,  100  pounds  per 
annum ;  for  the  two  precincts  of  "Westchester,  100 
pounds ;  for  the  county  of  Richmond,  40  pounds,  in 
country  produce  at  money  price ;  for  the  two  pre- 
cincts of  Queen's  county,  120  pounds  to  each,  etc. 

The  Justices,  Yestryrnen,  and  Churchwardens,  or 
a  majority  of  them,  shall  lay  a  reasonable  tax  on  the 
respective  cities,  counties,  parishes,  or  precincts,  for 
the  maintenance  of  the  Minister  and  Poor  of  their 
respective  places. 

A  roll  of  the  tax  so  made  shall  be  delivered  to  the 
respective  constables,  with  a  warrant  signed  by  any 
two  Justices  of  the  Peace,  empowering  them  to  levy 
the  same,  and  on  default  of  payment  to  distrain  and 
sell  by  out-cry,  and  pay  the  same  into  the  hands  of 
the  Churchwardens,  etc. 

1699.  Enacted,  that  the  Trustees  of  any  Town,  or 
any  Persons  chosen  by  a  majority  of  the  freeholders, 
shall  have  power  once  a  year  to  make  a  yearly  rate 
for  the  erecting  a  public  edifice,  or  church  for  the 
worship  of  God,  or  for  a  town-house,  or  gaol,  for  the 
use  of  the  respective  town  or  place  where  the  same  is 
wanting. 

The  tax  and  rate  to  be  laid  and  levied  in  the  same 
manner  as  other  public  taxes  are  laid. 

On  the  refusing  or  neglect  of  payment,  the  money  to 
be  levied  by  distress,  by  warrant  from  a  Justice  of  the 

Peace. 

Against  Jesuits  and  Romish  Priests. 

1699.  All  Jesuits,  Seminary  Priests,  Missionaries, 


320  EARL  Y  LA  WS  $c. 

or  ecclesiastical  persons,  made  or  ordained  by  any 
power  or  jurisdiction  derived  or  pretended  from  the 
Pope,  or  See  of  Rome,  now  residing  or  being  within 
this  Province,  must  depart  therefrom  on  or  before 
the  first  day  of  November,  1700.  If  any  such  con- 
tinue, remain,  or  come  into  the  Province  after  the 
said  first  of  November,  he  shall  be  deemed  an  incen- 
diary, a  disturber  of  the  public  peace,  an  enemy  of 
the  true  Christian  Religion,  and  shall  stiff er  perpetual 
imprisonment. 

If  any  such  person  being  actually  committed,  shall 
break  prison  and  escape,  he  shall  be  guilty  of  felony, 
and,  if  retaken,  shall  die  as  a  felon. 

Persons  receiving,  harbouring,  succouring,  or  con- 
cealing any  such  person,  and  knowing  him  to  be 
such,  shall  forfeit  the  sum  of  200  pounds,  half  to  the 
King  and  the  other  half  to  the  prosecutor,  shall  be 
set  in  the  Pillory  three  days,  and  find  sureties  for 
their  good  behavior,  at  the  discretion  of  the  Court. 

Any  Justice  of  the  Peace  may  cause  any  person 
suspected  to  be  of  the  Romish  clergy,  to  be  apprehen- 
ded, and  if  he  find  cause  may  commit  him  or  them,  in 
order  to  a  trial. 

Any  person  without  warrant  may  seize,  apprehend, 
and  bring  before  a  magistrate  any  person  suspected 
of  the  crimes  above  named,  and  the  Governor  with 
the  Council  may  suitably  reward  such  person  as  they 
shall  think  fit. 


OF  VIRGINIA.  321 

VIRGINIA. 

The  following  are  from  the  "Articles,  Laws,  and  Orders,  Divine, 
Politique,  and  Martial,  for  the  Colony  in  Virginia:  first  established 
by  Sir  Thomas  Gates,  Knight,  Lieutenant-General,  the  24th  of  May, 
1610.  Again  exemplified  and  enlarged  by  Sir  Thomas  Dale,  Knight, 
Marshall,  and  Deputie  Governour,  the  22d  of  June,  1611." 

3.  That  no  man  blaspheme  God's  holy  name,  upon 
pain  of  death ;  or  use  nnlawfull  oaths,  taking  the 
name  of  God  in  vain,  curse,  or  ban,  upon  pain  of 
severe  punishment  for  the  first  offence  so  committed, 
and  for  the  second,  to  have  a  bodkin  thrust  through 
his  tongue  ;  and  if  he  continue  the  blaspheming  of 
God's  holy  name,  for  the  third  time  so  offending  he 
shall  be  brought  to  a  martial  court,  and  there  receive 
censure  of  death  for  his  offence. 

6.  Every  man  and  woman  duly  twice  a  day,  upon 
the  first  tolling  of  the  bell,  shall,  upon  the  working 
days,  repair  untp  the  church,  to  hear  divine  service, 
upon  pain  of  losing  his  or  her  day's  allowance,  for 
the  first  omission  ;  for  the  second,  to  be  whipt,  and 
for  the  third,  to  be  condemned  to  the  galleys  for  six 

months Every  man  and  woman  shall  repair  in 

the  morning  to  the  divine  service  and  sermons  preached, 
upon  the  Sabbath  day,  and  in  the  afternoon  to  divine 
service,  and  Catechising,  upon  pain  for  the.  first  fault 
to  lose  their  provision  and  the  allowance  for  the 
whole  week  following  ;  for  the  second,  to  lose  the  said 
allowance  and  also  to  be  whipt ;  and  for  the  third  to 
suffer  death. 

12.  No  manner  of  person  whatsoever  shall  dare  to 

detract,  slander,  calumniate,  or  utter  unseemly   and 

unfitting  speeches  against   his  Majesty's  Honourable 

Council  for  this  Colony,    ...  or  against  the  zealous 

14* 


322  EARL  Y  LA  WS  $c. 

endeavors  and  intentions  of  the  whole  body  of  Adven- 
turers for  this  pious  and  Christian  Plantation,  .... 
upon  pain,  for  the  first  time  so  offending,  to  be  whipt 
three  several  times,  and  upon  his  knees  to  acknowledge 
his  offence  and  to  ask  forgiveness  upon  the  Sabbath 
day  in  the  assembly  of  the  congregation ;  [for  the 
second  offence,  to  be  condemned  to  the  galleys  for 
three  years,  and  for  the  third,  to  suffer  death.] 

22.  There  shall  no  man  or  woman,  launderer,  or 
launderess,  dare  to  wash  any  unclean  linen,  drive 
bucks,  or  throw  out  the  water  or  suds  of  foul  clothes, 
in  the  open  street,  within  the  palisadoes,  or  within  forty 
foot  of  the  same,  nor  rench  [rinse]  and  make  clean  any 
kettle,  pot,  or  pan,  or  such  like  vessel,  within  twenty 
foot  of  the  old  well  or  new  pump,  ....  upon  pain  of 
whipping  and  further  punishment,  as  shall  be  thought 
meet,  by  the  censure  of  a  martial  Court. 

LAWS  AND  ACTS  OF  ASSEMBLY. 
CRIMES    AND   PUNISHMENTS. 

1643. — "  Be  it  also  enacted  and  confirmed,  etc.,  That 
what  person  or  persons  soever  shall  feloniously  kill  a 
tame  hogg,  being  none  of  his  owne,  and  being  thereof 
lawfully  convicted,  shall  suffer  as  a  felon  "  [i.  e.  death]. 
Hen  ing's  Statutes  at  Large,  i.  244. 

[In  November,  1647,  this  penalty  was  mitigated  to 
a  fine  of  2000  Ibs.  of  tobacco,  or  two  years'  penal  ser- 
vitude. Ibid.,  351.] 

1662. — The  Court,  in  every  county,  "  shall  cause 
to  be  sett  up  a  pillory,  a  pair  of  stocks,  and  a  whip- 
ping-post, neere  the  court-house,  and  a  ducking  stoole 
in  such  a  place  as  they  shall  think  convenient,  that 
such  offenders  as  by  the  laws  are  to  suffer  by  any  of 
them  may  be  punished  according  to  their  demeritts." 


OF  VIRGINIA.  323 

Any  court  failing  to  execute  this  order,  within  six 
months,  was  to  be  fined  5000  Ibs.  of  tobacco.  Ibid-., 
ii.  75. 

1662. — Whereas  oftentimes  many  brabbling  women 
often  slander  and  scandalize  their  neighbours,  for 
which  their  poore  husbands  are  often  brought  into 
chargeable  and  vexatious  suites,  and  cast  in  greate 
damages :  Be  it  therefore  enacted,  etc.,  That  in  actions 
of  slander  occasioned  by  the  wife  as  aforesaid,  after 
judgment  passed  for  damages,  the  woman  shall  bepun- 
ished  by  ducking  •  and  if  the  slander  be  so  enormous 
as  to  be  adjudged  at  a  greater  damage  than  500  Ibs. 
of  tobacco,  then  the  woman  to  suffer  a  ducking  for 
each  jive  hundred  pounds  adjudged  against  the  hus- 
band, if  he  refuse  to  pay  the  tobacco. — Ibid.,  ii.  166-67. 

1662. — Taking  advantage  of  the  law  that  "  every 
woman  servant  having  a  bastard,  shall  serve  two  years  " 
after  the  expiration  of  her  original  term,  "  some  dis- 
solute masters  have  gotten  their  maids  with  child,"  so 
as  to  retain  them  longer  in  service ;  whereupon,  an 
act  was  passed,  providing  that 

"  Women  servants  got  with  child  by  their  masters, 
shall,  after  their  time  expired,  be  sold  by  the  Church- 
wardens for  two  years,  for  the  good  of  the  parish." — 
Ibid.,  167. 

AGAINST   NONCONFORMISTS   AND  DISSENTERS. 

[The  Kev.  Thomas  W.  Coit,  D.D.,  remarks  on  the 
contrast  the  early  legislation  of  Virginia  presents  to 
the  exclusiveness  and  intolerance  of  Puritanism  in 
New  England.  "How  different,"  he  writes,  "the 

Erinciple  with  which  Episcopal  Virginia  commenced 
er  career,   viz,    'universal    suffrage  and  equality'! 
.    .    .    Well  may  Mr.  Burk  say  of  the  noble  State 


324:  EARLY  LAWS  $c. 

whose  history  he  has  undertaken.  .  .  .  Yirginia, 
separated  as  it  were  from  the  whole  world,  heard 
the  voice  of  liberty  like  sweet  music  in  her  wilds." 
— Puritanism,  pp.  463-4. 

"With  this  glowing  eulogy,  compare  the  plainer 
prose  of  an  illustrious  son  of  Yirginia, — Thomas  Jef- 
ferson : — 

"  The  first  settlers  of  [Yirginia]  were  emigrants 
from  England,  of  the  English  church,  just  at  a  point 
of  time  when  it  was  flushed  with  complete  victory 
over  the  religions  of  all  other  persuasions.  Possessed, 
as  they  became,  of  the  powers  of  making,  administer- 
ing, and  executing  the  laws,  they  shewed  equal  intoler- 
ance in  this  country  with  their  Presbyterian  brethren 
who  had  emigrated  to  the  northern  goverment  .  .  . 
Several  acts  of  the  Yirginia  Assembly,  of  1659,. 
1662,  and  1693,  had  made  it  penal  in  parents  to  refuse 
to  have  their  children  baptized  ;  had  prohibited  the 
unlawful  assembling  of  Quakers ;  had  made  it  penal 
for  any  master  of  a  vessel  to  bring  a  Quaker  into  the 
State :  had  ordered  those  already  here,  and  such  as 
should  come  thereafter,  to  be  imprisoned  till  they 
should  abjure  the  country, — provided  a  milder  penalty 
for  the  first  and  second  return,  but  death  for  their 
third.  If  no  capital  executions  took  place  here,  as 
did  in  New  England,  it  was  not  owing  to  the  moder- 
ation of  the  church,  or  spirit  of  the  legislature,  as 
may  be  inferred  from  the  law  itself  ;  but  to  historical 
circumstances  which  have  not  been  handed  down  to 
us." — Jefferson's  Notes  on  Virginia,  1788,  p.  167.] 

March,  1623-24. — "Whosoever  shall  absent  him- 
self from  divine  service  any  Sunday,  without  an  allow- 
able, excuse,  shall  forfeit  a  pound  of  tobacco,  and  he 
that  absenteth  himself  a  month  shall  forfeit  50  Ibs.  of 
tobacco." — Hening's  Statutes  at  Large,  i.  123. 

Marcht  1642-3. — "For  the  preservation  of  the  puri- 
tie  of  doctrine  and  unitie  of  the  church,  It  is  enacted, 
that  all  ministers  whatsoever  that  shall  reside  in  this 


OF  VIRGINIA.  325 

Colony  are  to  be  conformable  to  the  orders  and  con- 
stitutions of  the  Church  of  England,  and  the  lawes 
therein  established,  and  not  otherwise  to  be  admitted 
to  teach  or  preach  publickly  or  privately.  And  that 
the  Governour  and  Counsel  do  take  care  that  all  non- 
conformists, upon  notice  of  them,  shall  be  compelled  to 
depart  the  Colony  with  all  conveniencie." — Ibid.,  i. 
277. 

1645-46. — [By  an  act  of  June,  1641,  continued  by 
act  of  February,  1644,  all  ministers  were  required  to 
"  preach  in  the  forenoon  and  catechize  in  the  afternoon 
of  every  Sunday,"  under  a  forfeiture  of  500  Ibs  of 
tobacco  :]  Be  it  now  further  enacted,  that  all  masters 
of  families  upon  warning  given  by  the  ministers,  .  . 
.  .  do  cause  their  children  and  servants  to  repaire  to 
the  places  appointed,  to  be  instructed  and  catechized, 
upon  the  like  penalty,  .  .  .  unless  sufficient  cause  be 
shewn  to  the  contrary." — Ibid.,  i.  312. 

1661. — No  minister  shall  be  allowed  to  officiate  in 
this  Country,  but  such  as  produce  to  the  governor  a 
testimonial,  that  he  hath  received  his  ordination  from 
some  Bishop  in  England,  and  shall  then  subscribe  to 
be  conformable  to  the  Orders  and  Constitutions  of  the 
Church  of  England. — Mercer's  Abridgment,  (1737,) 
177. 

1652. — All  persons  inhabiting  in  this  country,  having 
no  lawful  excuse,  shall  every  Sunday  resort  to  their 
Parish  Church  or  Chapel,  and  there  abide  orderly 
during  the  Common-Prayer,  Preaching,  and  Divine 
Service,  upon  the  penalty  of  being  fined  50  Ibs.  of 
Tobacco  by  the  county  court. 

This  act  shall  not  extend  to  Quakers  or  other 
recusants  who  totally  absent  themselves,  but  they 


326  EARL  Y  LA  WS,  $c. 

shall  be  liable  to  the  penalty  imposed  by  the  Statute, 
23  Elizabeth,  viz.  £20  sterling  for  every  month's 
absence. 

1695. — Any  person  of  full  age,  absent  from  divine 
service  at  his  or  her  parish  Church  or  Chapel,  the 
space  of  one  month,  (except  such  protestant  Dissen- 
ters as  are  excepted  by  the  Act  of  Parliament  of 
"William  and  Mary,)  to  be  fined  five  shillings,  or  50 
pounds  of  Tobacco ;  and  on  refusal  to  make  present 
payment,  or  give  sufficient  caution  for  payment 
thereof,  to  receive,  on  the  bare  back,  ten  lashes,  well 
laid  on. — Mercer,  p.  209. 

Against  Papists. 

1641.- — ["Popish  recusants"  may  not  exercise  the 
places  of  secret  counsellors,  register,  commissioners, 
surveyor,  or  sheriff,  under  forfeiture  of  1000  Ibs.  of 
Tobacco.] 

1643. — [The  assembly  directs  the  above  statute  to 
be  duly  executed,  and  enacts:] 

"  That  it  should  not  be  lawful,  under  the  penalty 
aforesaid,  for  any  popish  priest  that  shall  hereafter 
arrive,  to  remain  above  five  days  after  warning  given 
by  the  governor,  or  commander  of  the  place  where  he 
or  they  shall  be,  if  wind  and  weather  hinder  not  his 
departure."— Hening,  i.  268,  269. 

1705. — Popish  recusants  convict,  negroes,  mulattoes, 
Indian  servants,  and  others,  not  being  Christians, 
shall  not  be  received  as  witnesses,  in  any  case 
whatsoever. — Mercer,  93. 

Against  Quakers. 

March,  1660. — "An  Act  for  the  suppressing  of 
the  Quakers." — "Whereas  there  is  an  unreasonable 


OF  VIRGINIA.  327 

and  turbulent  sort  of  people,  commonly  called  Quakers, 
who  contrary  to  law  do  dayly  gather  together  unto 
them  unlawful  assemblies  and  congregations  of  people, 
teaching,  and  publishing  lies,  miracles,  false  visions, 
prophecies,  and  doctrines  [etc.]  .  .  .  .To  prevent  and 
restrain  which  mischiefe, 

"It  is  enacted.  That  no  master  or  commander  of 
any  shipp  or  other  vessell  do  bring  into  this  Collonie 
any  person  or  persons  called  Quakers,  under  the 
penalty  of  £100  sterling  ....  All  such  Quakers  as 
have  been  questioned  or  shall  hereafter  arrive  shall 
be  apprehended  wheresoever  they  shall  be  found  and 
they  be  imprisoned  without  baile  or  mainprize  till 
they  do  abjure  this  country  or  putt  in  security  with 
all  speed  to  depart  the.  Collonie  and  not  to  return 
again.  [If  they  "  dare  to  presume  to  return,"  they 
are  to  be  proceeded  against  and  punished  "as  con- 
temners  of  the  laws,"  and  caused  to  depart  the  country]. 
And  if  they  should  the  third  time  be  so  audacious 
and  impudent  as  to  return  hither,  to  be  proceeded 
against  as  felons  "  [i.  e.  to  be  punished  with  death]. — 
Hening,  i.  532. 

1662. — Quakers  or  other  recusants  who  totally  absent 
themselves  from  the  Parish  Church,  shall  be  liable  to 
a  penalty  of  £20  sterling  for  every  month's  absence. 
And  all  Quakers  assembling  in  unlawful  Conven- 
ticles shall  be  fined,  every  man  so  taken,  200  pounds 
of  Tobacco  for  every  such  time  of  meeting. 

1663. — If  Quakers,  or  other  Separatists  whatsoever, 
in  this  Colony  assemble  themselves  together  to  the 
number  of  five  or  more,  of  the  age  of  sixteen  years 
or  upwards,  under  the  pretence  of  joining  in  ^.religious 
worship  not  authorized  in  England  or  thw  country, 
the  parties  so  offending  being  thereof  lawfully  convict 


328  EARL  Y  LA  WS,  $c, 

by  verdict,  confessions,  or  notorious  evidence,  shall 
for  the  first  offence  forfeit  200  Ibs.  of  tobacco ;  for 
the  second,  500 Ibs  of  tobacco;  and  for  the  third 
offence,  the  offender  being  convict  as  aforesaid  shall 
be  banished  the  colony  of  Virginia. 

Every  master  of  a  ship  or  vessel  that  shall  bring  in 
any  Quakers  to  reside  here,  after  July  1st  next,  shall 
be  fined  5000  Ibs.  of  tobacco. 

Any  person  inhabiting  this  country,  entertaining 
any  Quaker  in  or  near  his  house,  to  preach  or  teach, 
shall  for  every  time  of  such  entertainment  be  fined 
5000  Ibs.  of  tobacco. 

Miscellaneous  Enactments. 

1662. — "An  Aot  prohibiting  the  importation  of 
unnecessary  Commodities.  "Whereas  the  lowe  prices 
of  tobacco  will  hardly  supply  the  urgeing  and  pressing 

necessities  of  the  country,  etc Be  it  enacted, 

that  no  strong  drink  of  what  sort  soever,  nor  silke 
stuffe  in  garments  or  in  peeces  (except  for  whoods 
and  scarfes),  nor  silver  or  gold  lace,  nor  bone  lace  of 
silk  or  thread,  nor  ribbands  wrought  writh  silver  or 
gold  in  them,  shall  be  brought  into  this  country  to 
sell,  after  the  first  of  February  next ;  under  penalty 
of  confiscation  of  the  said  goods  by  the  seller  to  the 
governor,  to  be  exported,  and  the  value  thereof  by 
the  buyer  to  that  good  commonwealth-man  that  shall 
discover  it." — Hening,  ii.  18. 

[This  law  is  crossed  with  a  pen  on  the  AIS.  record,  and  Mr. 
Jefferson  "  conjectured  it  was  negatived  by  the  governor." — 
Ibid.,  note.] 

1661. — Ordered,  that  the  order  of  the  quarter-court 
the  27th  of  March,  1661,  prohibiting  Roger  Partridge 
and  Elizabeth  his  wife,  to  keep  any  maid  servant,  for 


OF  VIRGINIA. 

the  tearme   of  three  yeares,  be  by  this  Assembly 
confirmed  and  ratified. — Ibid.,  35. 

1632,  Sept. — "  Mynisters  shall  not  give  themselves 
to  excess  in  drinking  or  ryott,  spending  their  tyme 
idelie  by  day  or  night,  playinge  at  dice,  cards,  or  any 
other  unlawfull  game,  but  at  all  tymes  convenient 
they  shall  heare  or  reade  somewhat  of  the  holy 
scriptures,  or  shall  occupie  themselves  with  some  other 
honest  studies,  or  exercise,  always  doing  the  things 
which  shall  apperteyne  to  honestie,  and  endeavour  to 
profitt  the  church  of  God,  having  always  in  mynd 
that  they  ought  to  excell  all  others  in  puritie  of  life, 
and  should  be  examples  to  the  people  to  live  well  and 
Christianlie."— Hening,  i.  183. 

1632,  Sept. — "  Because  of  the  low  price  of  Tobacco 
at  present,  it  is  further  graunted  and  ordered,  that 
there  shall  be  likewise  due  to  the  Mynisters,  from  the 
first  day  of  March  last  past,  for  and  during  the  term  of 
one  whole  year  next  ensueinge,  the  twentyeth  calfe, 
the  twentyeth  kidd  of  goates,  and  the  twentyeth 
pigge,  throughout  all  the  plantations  is  this  Colony," 
etc.— Ibid.,  183. 

1734. — "When  any  Free  Indian  shall  be  tried  for 
Murder  or  other  Felony,  any  free  Indian  may  be 
examined,  without  oath,  upon  the  trial,  for  or  against 
the  criminal.  "  If  it  shall  appear  to  the  Court  that 
such  witness  hath  given  false  testimony,  the  Court, 
without  further  trial,  shall  order  such  witness  to  have 
one  ear  nailed  to  the  Pillory,  and  there  to  stand  an 
hour,  then  to  have  that  ear  cut  off;  and  the  other 
nailed  to,  and  cut  off,  at  the  expiration  of  another 
hour."— Mercer's  Abridgment,  1737,  p.  30. 


330  EARLY  LAWS,  $c. 

MARYLAND. 

The  charter  of  Maryland,  granted  to  a  Koman  Catholic  subject, 
by  a  protestant  king  moved  by  "  a  laudable  zeal  for  extending 
the  Christian  religion,"  guaranteed  the  protection  of  Christianity  as 
professed  by  the  Church  of  England.  It  conferred  the  authority  to 
enact,  with  the  assent  of  the  freemen,  such  laws  as  were  "not  re- 
pugnant, but  agreeable,  to  the  jurisprudence  and  rights  of  the  realm 
of  England,"  and  expressly  provided  that  no  construction  of  it 
should  be  made  whereby  the  Christian  religion,  or  the  allegiance 
due  to  the  Crown,  should  suffer  any  diminution.  The  planters  and 
their  posterity  were  declared  to  be  "  entitled  to  the  liberties  of 
Englishmen,  as  if  they  had  been  born  within  the  kingdom."  Before 
the  coming  of  Leonard  Calvert  in  1634,  a  protestant  settlement  had 
been  established  (at  Kent  Island)  within  the  bounds  of  the  Mary- 
land patent,  and  of  those  who  accompanied  him  in  the  first  emigra- 
tion "  by  far  the  larger  number  were  Protestants "  (Bancroft, 
cent,  ed.,  i.  185).  At  the  first  assembly  of  the  freemen,  it  was  en- 
acted "  that  offenders,  in  all  murders  and  felonies,  shall  suffer  the 
same  pains  and  forfeitures  as  for  the  same  crimes  in  England." 
The  third  assembly,  in  Feb.  1638-9,  adopted  a  provisional  code  of 
laws,  in  which  was  incorporated  the  declaration  (from  Magna 
Charta)  that  "Holy  church  within  this  province  shall  have  all  her 
rights  and  liberties,"  but,  as  Chalmers  observes,  "what  the  fran- 
chizes  of  the  church  of  Maryland  were  do  not  appear,  and  probably 
the  wisest  of  her  doctors  would  have  been  puzzled  to  tell."  In  1676, 
this  act  was  confirmed,  as  a  perpetual  law.  So  long  as  the  pro- 
prietary was  of  a  different  religion  from  that  professed  by  a  great 
majority  of  the  people,  mutual  toleration  was  a  necessity.  When 
puritanism  was  in  the  ascendant  in  England,  and  the  abrogation 
of  Lord  Baltimore's  charter  was  urged  upon  the  Parliament,  he  ap- 
pointed a  protestant  governor  of  Maryland  and  bound  him,  by  his 
official  oath,  not  "  directly  to  trouble,  molest  or  discountenance 
any  person  whatsoever  in  the  said  province,  professing  to  believe  in 
Jesus  Christ;  and,  in  particular,  no  Roman  Catholic,"  etc. ;  and  in 
April,  1649,  the  assembly,  composed  of  Roman  Catholics  and  Pro- 
testants, passed  an  act  establishing  the  religious  freedom  of  all 
Christians,  but  imposing  the  penalty  of  death  for  blasphemy,  and 
the  denial  or  reproach  of  the  Holy  Trinity,  or  any  of  the  three 
persons  thereof,  and  a  fine  of  5£  for  speaking  reproachfully  against 
the  Blessed  Virgin  or  the  apostles.  Of  the  earliest  laws  of  Mary- 
land few  have  been  preserved.  The  abstracts  here  given  are  from 
revisions  of  1699  and  1700. 


OF  MARYLAND.  331 

Blasphemy,    Swearing,  <&c. 

1649,  1699. — If  any  person  whatsoever  inhabiting 
this  Province  shall  blaspheme,  that  is,  curse  God,  deny 
our  Saviour  to  be  the  Son  of  God,  or  deny  the  Holy 
Trinity,  or  the  Godhead  of  any  of  the  three  Persons, 
or  the  Unity  of  the  Godhead,  or  shall  utter  any  re- 
proachful words  or  language  concerning  the  Holy 
Trinity,  or  any  of  the  three  Persons  thereof,  he  or  she 
shall  for  the  first  offence  be  bored  through  the  tongue, 
and  fined  20£  sterling,  to  the  king,  or  if  the  party 
hath  not  an  estate  sufficient  to  answer  the  sum,  then 
to  suffer  six  months'  imprisonment.  For  the  second 
offence,  he  or  she  shall  be  stigmatized  in  th*e  forehead, 
with  the  letter  B,  and  fined  40£  sterling,  (&c.)  or  be 
imprisoned  for  one  year.  And  for  the  third  offence, 
he  or  she  so  offending  and  thereof  legally  convicted, 
shall  suffer  death,  with  confiscation  of  all  their  goods 
and  chattels  to  the  king. 

If  any  person  prophanely  swear  or  curse,  in  the 
hearing  of  any  one  justice  of  peace,  or  head  officer  of  a 
town,  or  that  shall  be  thereof  convicted  by  the  oath  of 
one  witness  before  any  one  justice  or  other  head  officer, 
or  by  confession  of  the  party,  he  shall  forfeit  5  sh. 
sterling  to  the  king. 

Ordinaries  and  Inns. 

1699. — Every  ordinary-keeper  that  shall  demand  or 
take  above  10  Ibs.  of  tobacco  for  a  gallon  of  small 
beer,  20  Ibs.  of  tobacco  for  a  gallon  of  strong  beer,  4 
Ibs.  of  tobacco  for  a  night's  lodging  in  a  bed,  12  Ibs.  of 
tobacco  for  a  peck  of  Indian  corn  or  oats,  6  Ibs.  of 
tobacco  for  a  night's  grass  for  a  horse,  10  Ibs.  of  tobacco 


332  EARL  Y  LA  WS,  $c. 

for  a  night's  hay  or  straw,  shall  forfeit  for  every  such 
offence  500  Ibs.  of  tobacco. 

No  inhabitant  of  this  Province  shall  sell  without 
license  any  cider,  quince  drink,  or  other  strong  liquor, 
to  be  drunk  in  his  or  her  house,  upon  penalty  of  1000 
Ibs.  of  tobacco  for  every  conviction. 

No  ordinary-keeper  shall  refuse  to  credit  any  person 
capable  of  giving  a  vote  for  election  of  delegates  in 
any  county,  for  any  accommodations  by  him  vended,  to 
the  value  of  400  Ibs.  of  tobacco,  under  the  penalty  of 
400  Ibs.  of  tobacco. 

No  ordinary-keeper  within  this  Province,  during 
the  time  of  his  keeping  ordinary,  shall  be  elected  to 
serve  as  a  deputy  or  representative  in  the  General 
Assembly. 

JKeligion. 

1700. — The  Book  of  Common  Prayer  and  adminis- 
tration of  the  Sacraments,  with  other  rites  and  cere- 
monies of  the  Church  of  England  etc.,  shall  be  sol- 
emnly read  by  all  ministers  in  the  churches  and 
other  places  of  worship  in  this  Province. 

In  every  parish  where  any  minister  or  incumbent 
shall  reside,  no  justice  or  magistrate  shall  join  any 
persons  in  marriage  under  the  penalty  of  5000  Ibs.  of 
tobacco,  to  the  king. 

For  the  encouragement  of  able  ministers  etc., 
instead  of  tithes,  a  tax  or  assessment  of  40  Ibs.  of 
tobacco  per  poll  shall  be  yearly  levied  upon  every  tax- 
able person  in  every  parish  in  this  Province.  Which 
said  assessment  shall  always  be  paid  to  the  ministers 
of  every  parish,  etc. 


OF  MASSACHUSETTS.  333 

MASSACHUSETTS. 

The  founders  of  Connecticut  borrowed  most  of  their  laws  and 
judicial  proceedings  from  Massachusetts.  Their  legislation  was 
certainly  not  more  "blue"  than  that  of  the  Bay  Colony,  their  pen- 
alties were  not  more  severe,  nor  more  rigorously  exacted.  The 
following  orders  and  sentences  of  the  Massachusetts  Court  of 
Assistants  and  General  Court  (before  the  establishment  of  the 
"  Body  of  Liberties  "  in  1640)  are  extracted  from  the  printed  Colony 
Records,  Vol.  I. 

Sept.  1630. — It  is  ordered  by  this  present  Court, 
that  Thomas  Morton,  of  Mount  Wolliston,  shall  pres- 
ently be  sett  into  the  bilbowes,  and  after  sent  prisoner 
into  England,  by  the  shipp  called  the  Gifte,  no  we 
returning  thither;  that  all  his  goods  shalbe  seazed 
upon  to  defray  the  charge  of  his  transportation, 
payment  of  his  debts,  and  to  give  satisfaction  to  the 
Indians  for  a  cannoe  hee  unjustly  tooke  away  from 
them ;  and  that  his  howse,  after  the  goods  are  taken 
out,  shalbe  burnt  downe  to  the  ground  in  the  sight 
of  the  Indians,  for  their  satisfaction,  for  many  wrongs 
hee  hath  done  them  from  tyme  to  tyme. 

It  is  ordered,  that  noe  person  shall  plant  in  any 
place  within  the  lymittsof  this  Pattent,  without  leave 
from  the  Governor  and  Assistants,  or  the  major  parte 
of  them. 

It  is  ordered,  that  all  Eich :  Cloughe's  strong  water 
shall  presently  be  seazed  upon,  for  his  selling  greate 
quantytie  thereof  to  severall  men's  servants,  which 
was  the  occasion  of  much  disorder,  drunckenes,  and 
misdemeanour. 

Nov.  1630. — It  is  ordered,  that  John  Baker  shalbe 
whipped  for  shooting  att  f owle  on  the  Sabboth  day, 
etc. 


334:  EARL Y LAWS,  $c. 

March,  1631. — Mr.  Thomas  Stoughton,  constable  of 
Dorchester,  is  fyned  5£  for  takeing  upon  him  to 
marry  Clement  Briggs  and  Joane  Allen,  and  to  be 
imprisoned  till  hee  hath  paid  his  fyne. 

It  is  ordered,  that  if  any  person  within  the  lymitts 
of  this  Pattent  doe  trade,  trucke,  or  sell  any  money, 
either  silver  or  golde,  to  any  Indian,  or  any  man  that 
knowes  of  any  that  shall  soe  doe  and  conceales  the 
same,  shall  forfeit  twenty  for  one. 

Nich.  Knopp  is  fyned  5£  for  takeing  upon  him  to 
cure  the  scurvey,  by  a  water  of  noe  worth  nor  value, 
which  he  soldo  att  a  very  deare  rate,  to  be  imprisoned 
till  hee  pay  his  fine  or  give  securitye  for  it,  or  else  to 
be  whipped ;  and  shalbe  lyable  to  any  man's  action  of 
whome  he  hath  receaved  money  for  the  said  water. 

It  is  likewise  ordered,  that  all  persons  whatsoever 
that  have  cards,  dice,  or  tables  in  their  howses,  shall 
make  away  with  them,  before  the  nexte  Court,  under 
paine  of  punishment. 

June,  1631. — It  is  ordered,  that  noe  man  within 
the  limitts  of  this  jurisdiction  shall  hire  any  person, 
for  a  servant  for  lesse  time  than  a  yeare,  unles  hee  be 
a  setled  housekeeper ;  also,  that  noe  person  whatso- 
ever shall  travell  out  of  this  Pattent,  either  by  sea  or 
land,  without  leave  from  the  Governor,  Deputy  Gov- 
ernor, or  some  other  Assistant,  under  such  penalty  as 
the  Court  shall  thinke  meete  to  inflict. 

It  is  ordered,  that  Phillip  Ratliffe  shalbe  whipped, 
have  his  eares  cutt  off,  fyned  40£,  and  banished  out 
of  the  lymitts  of  this  jurisdiction,  for  uttering  mal- 
litious  and  scandulous  speeches  against  the  govern- 
ment and  the  church  of  Salem,  etc.,  as  appeareth  by  a 
particular  thereof,  proved  upon  oath. 


OF  MASSACHUSETTS.  335 

Sept.  1631. — It  is  ordered,  that  Henry  Lynn  shalbe 
whipped  and  banished  the  plantation  before  the  6th 
day  of  October  nexte,  for  writeing  into  England  falsely 
and  mallitiously  against  the  government  and  execu- 
tion of  justice  here. 

It  is  ordered,  that  Josias  Plastowe  shall  (for  stealeing 
4  basketts  of  corne  from  the  Indians)  returne  them  8 
basketts  againe,  be  fined  5£,  and  hereafter  to  be  called 
by  the  name  of  Josias,  and  not  Mr.,  as  formerly  hee 
used  to  be,  *  and  that  Willm.  Buckland  and  Tho. 
Andrewe  shalbe  whipped  for  being  accessary  to  the 
same  offence. 

April,  1632. — Tho.  Knower  was  sett  in  the  bilbov  es 
for  threatning  the  Court  that,  if  hee  should  be  pun- 
isht,  hee  would  have  itt  tryed  in  England  whither  hee 
was  lawfully  punished  or  not. 

August,  1632. — It  is  ordered,  that  the  remainder  of 
Mr.  Allen's  stronge  water,  being  estimated  about  2 
gallands,  shalbe  delivered  into  the  hands  of  the  dea- 
cons of  Dorchester,  for  the  benefit  of  the  poore  there, 
for  his  selling  of  it  dyvers  tymes  to  such  as  were 
drunke  with  it,  hee  knowing  thereof. 

*  This  judgment  has  often  been  pointed  to  as  a  choice  specimen 
of  puritan  jurisprudence.  Hutchinson  (Hist,  of  Mass.,  i.  384)  cites 
it,  amongst  others,  to  show  that  the  sentences  of  the  early  Massa- 
chusetts courts  were  "adapted  to  the  circumstances  of  a  large 
family  of  children  and  servants ;  "  and  he  remarks,  that  the  colonists 
were  careful  that  no  title  or  appellation  should  be  given  where  it 
was  not  due,  etc.  The  true  explanation  of  the  sentence  passed  on 
Plastowe  is  this:  "Master"  was  the  title  of  a  gentleman,  and 
gentlemen  were  exempt  from  corporal  punishment.  "Mr. "Plas- 
towe was  fined  for  stealing,  while  his  accomplices  were-  whipped, 
The  Court  deprived  him  of  his  safeguard  by  reducing  him  to  plain 
"  Josias." 


336  EARLY  LAWS,  $c. 

Sept.  1632. —  It  is  ordered,  that  Eobert  Shawe 
shalbe  severely  whipt,  for  wicked  curseing,  eweareing, 
justifyeing  the  same,  and  gloryeing  iu  it,  as  hath  been 
proved  by  oath. 

It  is  ordered,  that  Richard  Hopkins  shalbe  severely 
whipt,  and  branded  with  a  hott  iron  on  one  of  his 
cheekes,  for  selling  peecesand  powder  and  shotttothe 
Indeans.  Hereupon  it  was  propounded  if  this  offence 
should  not  be  punished  hereafter  by  death. 

Tobacco. 

Oct.  1632. — It  is  ordered,  that  noe  person  shall  take 
any  tobacco  publiquely,  under  paine  of  punishment ; 
also  that  every  one  shall  pay  Id.  for  every  time  hee  is 
convicted  for  takeing  tobacco  in  any  place,  and  that 
any  Assistant  shall  have  power  to  receave  evidence 
and  give  order  for  the  levyeing  of  it,  as  also  to  give 
order  for  the  levyeing  of  the  officer's  charge.  This 
order  to  begin  the  10th  of  November  next. 

Sept.  1634:. — Yictualers,  or  keepers  of  an  Ordinary, 
shall  not  suffer  any  tobacco  to  be  taken  in  their  howses, 
under  the  penalty  of  5s.  for  every  offence,  to  be  payde 
by  the  victuler,  and  12<#.  by  the  party  that  takes  it. 

Further,  it  is  ordered,  that  noe  person  shall  take 
tobacco  publiquely,  under  the  penalty  of  2s.  6^.,  nor 
privately,  in  his  owne  house,  or  in  thehowse  of  another, 
before  strangers,  and  that  two  or  more  shall  not  take 
it  togeather,  anywhere,  under  the  aforesaid  penalty 
for  every  offence. 

March,  1635. — It  is  further  ordered,  that  noe  person 
whatsoever  shall  either  buy  or  sell  any. tobacco  within 
this  jurisdiction  after  the  last  of  September  nexte, 


OF  MASSACHUSETTS.  337 

under  the  penalty  of  10s.  a  pound,  and  soe  propor- 
tionably  for  more  or  lesse,  to  be  paide  by  buyer  and 
seller,  and  that  in  the  meane  tyme  noe  person  shall 
buy  or  sell  any  tobacco  att  a  higher  price  then  it  shalbe 
valued  att  by  the  Governor  for  the  tyme  being,  arid 
two  other,  whome  hee  shall  please  to  chuse,  under  the 
penalty  aforesaid. 

Nov.  1637. — All  former  laws  against  tobacco  are 
repealed,  and  tobacco  is  sett  at  liberty. 

Sept.  1638.  — The  [General]  Court,  finding  that 
since  the  repealing  of  the  former  laws  against  tobacco, 
the  same  is  more  abused  then  before,  it  hath  there- 
fore ordered,  that  no  man  shall  take  any  tobacco  in 
the  feilds,  except  in  his  journey,  or  at  meale  times, 
upon  paine  of  I2d.  for  every  offence ;  nor  shall  take 
any  tobacco  in  (or  so  near)  any  dwelling  house,  barne, 
corne,  or  hay  rick,  as  may  likely  indanger  the  fireing 
thereof,  upon  paine  of  10s.  for  every  offence ;  nor  shall 
take  any  tobacco  in  any  inne  or  common  victualing 
house,  except  in  a  private  roome  there,  so  as  neither 
the  master  of  the  same  house  nor  any  other  guests 
there  shall  take  offence  thereat ;  which  if  they  do,  then 
such  person  is  fourthwith  to  forbeare,  upon  paine  of 
2s.  6d.  for  every  offence. 

Noe  man  shall  kindle  fyre  by  gunpowder,  for  take- 
ing  tobacco,  except  in  his  journey,  upon  paine  o.f  12d. 
for  every  offence. 

April,  1633. — It  is  ordered,  that  if  any  swine  shall, 
in  fishing  time,  come  within  a  quarter  of  a  mile  of  the 
stadge  att  Marble  Harbour,  that  they  shalbe  f  orfected 
to  the  owners  of  the  said  stadge,  and  soo  for  all  other 
stadgcs  within  their  lymitts. 
15 


338  EARLY  LAWS,  $c. 

Sept.  1633. — John  Sliotswcll  is  lined  405.  for  dis- 
tempering bimselfe  with  drinke  att  Aggawam. 

Roberte  Coles  is  fined  10£,  and  enjoyned  to  stand 
with  a  white  sheete  of  paper  on  his  back,  wherein  A 
DRUNKARD  shalbe  written  in  greate  letters,  and  to  stand 
therewith  soe  longe  as  the  Court  thinks  meete,  for 
abuseing  himselfe  shamefully  with  drinke,  ....  and 
other  misdemeanour. 

Capt.  John  Stone  for  his  outrage  committed  in 
confronting  aucthority,  abuseing  Mr.  [Roger]  Lud- 
lowe  both  in  words  and  behavour,  assalting  him,  and 
calling  him  a  Just  as,  &c.,  is  fined  100£,  and  prohibi- 
ted comeing  within  this  pattent  without  leave  from 
the  goverment,  under  the  penalty  of  death. 

Pay  of  Mechanics  and  Labourers. 

Oct.  1633. — It  is  ordered,  that  maister  carpenters, 
sawers,  masons,  clapboard-ryvers,  brick elayers,  tylars, 
joyners,  wheelewrights,  mowers,  &c.,  shall  not  take 
above  %s.  a  day,  finding  themselves  dyett,  and  not 
above  14e£.  a  day  if  they  have  dyett  found  them,  under 
the  penalty  of  5s.,  both  to  giver  and  receaver,  for 
every  day  that  there  is  more  given  and  receaved. 
Also,  that  all  other  inferior  wrorkemen  of  the  said 
occupations  shall  have  such  wages  as  the  constable 
of  the  said  place,  and  two  other  inhabitants  that  hee 
shall  chuse,  shall  appoynct. 

Also,  it  is  agreed,  that  the  best  sorte  of  labourers 
shall  not  take  above  ISd.  a  day  if  they  dyett  them- 
selves, and  not  above  S<7.  a  day  if  they  have  dyett 
found  them,  under  the  aforesaid  penalty  both  to  giver 
and  receaver.  Likewise,  that  the  wages  of  inferior  la- 
bourers shalbe  referd  to  the  constable  and  two  others, 
as  aforesaid. 


OF  MASSACHUSETTS.  339 

Maister  taylours  shall  not  take  above  12<?.  a  day 
and  the  inferiour  sorte  not  above  Sd.,  if  they  be  dyefced, 
under  the  aforesaid  penalty  ;  and  for  all  other  worke 
they  doe  att  home,  proportionably,  and  soe  for  other 
worke  that  shalbe  done  by  the  greate,  by  any  other 
artificer. 

Further,  it  is  ordered,  that  all  workcmen  shall  worke 
the  whole  day,  allowing  convenient  tyrne  for  food  and 
rest.  This  order  to  take  place  the  12th  of  this  present 
moneth. 

It  is  further  ordered,  that  noe  person,  howsehoulder 
or  other,  shall  spend  his  time  idly  or  unproffltably, 
under  paine  of  such  punishment  as  the  Court  shall 
thinke  meeteto  inflicte  ;  and  for  this  end  it  is  ordered, 
that  the  constable  of  every  place  shall  use  spetiall 
care  and  diligence  to  take  knowledge  of  offenders  in 
this  kinde,  espetially  of  common  coasters,*  unprofita- 
ble fowlers,  and  tobacco  takers,  and  to  present  the 
same  to  the  two  nexte  Assistants,  whoe  shall  have 
power  to  heare  and  determine  the  cause,  or,  if  the 
matter  be  of  importance,  to  transferr  it  to  the  Court. 


March,  1C34. — John  Chapman  is  fined  20$.  for  sell- 
ing boards  at  8s.  per  100,  contrary  to  an  order  of 
Court,  and  is  remitted  upon  promise  of  300  of  4  inch 
plankc  towards  the  Sea  Fort. 

Tymothy  Hawkins  and  John  Yauhan  fined  205.  a 
peece  for  mispending  their  ty me  in  company  keepeing, 
drinkeing  stronge  water,  and  selling  other,  contrary  to 
an  order  of  Court. 

*"  Coasters"  or  "  cursetors  "  (i.e.  "  cursitors  ")  ;  vagranta, 
vagabonds. 


340  EARLY  LAWS,  &c. 

It  is  ordered,  that  Roberte  Coles,  for  drunckenes  by 
him  committed  att  Rocksbury,  sluilbe  disfranchized, 
weare  aboute  his  necke,  and  soe  [as]  to  liange  upon 
his  outward  garment,  a  D,  made  of  redd  cloath,  and 
sett  upon  white  ;  to  contynue  this  for  a  yeare,  and  not 
to  leave  it  off  att  any  tyrne  when  hee  comes  amongst 
company,  under  the  penalty  of  40s.  for  the  first  offence, 
and  5£  the  second,  and  after  to  be  punished  by  the 
Court  as  they  thinke  meete  :  Also,  hee  is  to  weare 
the  D  outwards ;  and  is  enjoyned  to  appeare  att  the 
nexte  Generall  Court,  and  contynue  there  till  the 
Court  be  ended.  [In  May,  1634,  this  sentence  was 
remitted,  upon  the  submission  of  the  offender  and 
testimony  of  his  good  behavior.] 

Aug.  1634. — It  was  witnessed  upon  oath,  that  James 
Rawlens  tooke  ISc?.  a  day,  and  meate  and  drinke,  for 
ten  dayes'  worke,  for  one  of  his  servants,  for  weeding 
corne,  contrary  to  an  order  of  Court,  and  therefore  is 
to  pay  5*.  for  every  day  hee  hath  soe  transgressed. 

Price  of  Meals. 

Sept.  1634. —  It  is  ordered,  that  noe  person  that 
keepes  an  Ordinary  shall  take  above  Qd.  a  meale  for  a 
person,  and  not  above  Id.  for  an  ale  qnarte  of  beare, 
out  of  meale  tyme,  under  the  penalty  of  10s.  for  every 
offence,  either  of  dyet  or  beare. 

fashions  of  Dress. 

Sept.  1634. — The  Court,  takeing  into  consideration 
the  greate,  superfluous,  and  unnecessary  expences 
occasioned  by  reason  of  some  newe  and  immodest 
fashions,  as  also  the  ordinary  weareing  of  silver,  golde, 
and  silke  laces,  girdles,  hatbands,  etc,  hath  therefore 


OF  MASSACHUSETTS. 

ordered  that  noe  person,  either  man  or  woman,  shall 
hereafter  make  or  buy  any  apparell,  either  woollen, 
silke,  or  lynnen,  with  any  lace  on  it,  silver,  golde, 
silke,  or  threed,  under  the  penalty  of  forfecture  of 
such  cloathes,  etc. 

Also,  that  noe  person,  either  man  or  woman,  shall 
make  or  buy  any  slashed  cloathes,  other  than  one 
slaslie  in  each  sleeve  and  another  in  the  backe  ;  also, 
all  cuttworks,  imbroidered  or  needleworke  capps, 
bands,  and  rayles,  are  forbidden  hereafter  to  be  made 
and  worne,  under  the  aforesaid  penalty  ;  also,  all  gold 
or  silver  girdles,  hattbands,  belts,  ruffs;  beaver  hatts, 
are  prohibited  to  be  bought  and  worne  hereafter, 
under  the  aforesaid  penalty,  etc. 

Moreover,  it  is  agreed,  if  any  man  shall  judge  the 
weareing  of  any  the  forenamed  particulars,  newe 
fashions,  or  long  haire,  or  anything  of  the  like  nature, 
to  be  uncomely  or  prejudicial!  to  the  common  good, 
and  the  party  offending  reforme  not  the  same  upon 
notice  given  -him,  that  then  the  nexte  Assistant,  being 
informed  thereof,  shall  have  power  to  bind  the  party 
soe  offending  to  answer  it  at  the  nexte  Courte,  if  the 
case  soe  requires : 

Provided,  and  it  is  the  meaneingof  this  Court,  that 
men  and  women  shall  have  liberty  to  weare  out  such, 
apparell  as  they  are  nowe  provided  of  (except  the 
immoderate  greate  sleeves,  slashed  apparell,  immode- 
rate greate  rayles,  longe  wings,  etc.).  This  order  to 
take  place  a  fortnight  after  the  publishing  thereof. 

Bullets,  a  Legal  Tender. 
March.  1635.— It  is  ordered,  that  muskett  bulletts, 


34:2  EARLY  LAWS,  $c. 

of  a  full  bore,  shall  passe  currantly  for  a  farthing  a 
peece ;  provided  that  noe  man  be  compelled  to  take 
above  12d.  att  a  tyme,  iii  them. 

Absence  from  Church. 

Whereas  complainte  hath  bene  made  to  this  Court 
that  dyvers  persons  within  this  jurisdiction  doe  usually 
absent  themselves  from  church  meeteings  upon  the 
Lord's  day,  power  is  therefore  given  to  any  two  Assis- 
tants to  heare  and  sensure,  either  by  fyne  or  impris- 
onment (att  their  discretion),  all  misdemeanours  of 
that  kinde  committed  by  any  inhabitant  within  this 
jurisdiction,  provided  they  exceede  not  the  fine  of  5s. 
.  for  one  offence. 

Wages  and  Prices. 

Sept.  1635. — Whereas  two  former  lawes,  the  one  con- 
cerning the  wages  of  workmen,  the  other  concerning 
the  prices  of  commodyties,  were  for  dyvers  good 
considerations  repealed  this  present  Court,  nowe, 
for  avoydeing  such  mischeifes  as  may  followe  there- 
upon by  such  ill-disposed  persons  as  may  take  liberty 
to  oppresse  and  wronge  their  neighbours,  by  takeing 
excessive  wages  for  worke  or  unreasonable  prizes  for 
such  necessary  merchandizes  or  other  commodyties  as 
shall  passe  from  man  to  man,  it  is  therefore  nowe 
ordered,  that  if  any  man  shall  offend  in  any  of  the 
said  cases  against  the  true  intent  of  this  lawe,  hee 
shalbe  punished  by  fyne  or  imprisonment,  according 
to  the  quallity  of  the  offence,  as  the  Court  upon  lawfull 
tryall  and  conviction  shall  adjudge. 

Excessive  Profits  censured. 
Oct.   1635.  —  Josuah  Huyes  hath  forfeit   5$.   for 


OF  MASSACHUSETTS.  343 

knyves,  and  4s.  6d.  for  a  sythe,  which  hee  solde  for 
above  4d.  in  the  shilling  proffitt. 

Courts  to  observe  the  Laws  of  God. 

May,  1636. —  The  Governor,  Deputy  Governor, 
Tho.  Dudley,  John  Haynes,  Richard  Bellingham, 
Esqrs.,  Mr.  Cotton,  Mr.  Peters,  and  Mr.  Shepheard  are 
intreated  to  make  a  draught  of  lawes  agreeable  to  the 
word  of  God,  which  may  be*  the  Fundamentalls  of 
this  Commonwealth,  and  to  present  the  same  to  the 
nexte  Generall  Court.  And  it  is  ordered,  that  in  the 
meane  tyme  the  magistrates  and  their  assosiates  shall 
proceede  in  the  Courts  to  heare  and  determine  all 
causes  according  to  the  lawes  now  established,  and 
where  there  is  noe  law,  then  as  neere  the  lawe  of 
God  as  they  can ;  and  for  all  busines  out  of  Court  for 
which  there  is  noe  certaine  rale  yett  sett  downe,  those 
of  the  standing  counsell,  or  some  two  of  them,  shall 
take  order  by  their  best  discretion,  that  they  may  be 
ordered  and  ended  according  to  the  rule  of  God's 
word,  and  to  take  care  for  all  military  affaires  till  the 
nexte  Generall  Court. 

Restraining  the  Tongue. 

Sept.  1636. — Robert  Shorthose,  for  swearing  by  the 
bloud  of  God,  *  was  sentenced  to  have  his  tongue  put 
into  a  cleft  stick,  and  to  stand  so  by  the  space  of 
haulfe  an  houre. 

Elisabeth,  the  wife  of  Thomas  Aplcgate,  was  cen- 
sured to  stand  with  her  tongue  in  a  cleft  stick,  for 
sweareing,  raileing,  and  revileing. 


*  '  Odsblood,  or   'Sllood,  was  an  oath  often  heard  in  England, 
among  the  profane,  at  this  period. 


344  EARL  Y  LA  WS,  $c. 

Against  Lace. 

Oct.  1636. — That  no  person,  after  one  month,  shall 
make  or  sell  any  bone  lace,  or  other  lace,  to  bee  worne 
upon  any  garment  or  linnen,  upon  paine  of  5s.  the 
yard  for  every  yard  of  such  lace  so  made  or  sould,  or 
set  on ;  neither  shall  any  taylor  set  any  lace  upon  any 
garment,  upon  payne  of  10*.  for  every  offence  ;  pro- 
vided that  binding  or  small  edging  laces  may  bee 
used  upon  garments  of  linnen. 

The  unmarried  to  be  cared  for. 

Dec.  1636. — It  is  ordered,  that  all  townes  shall  take 
care  to  order  and  dispose  of  all  single  persons  and 
inmates  with  their  towne,  to  service,  or  otherwise ; 
and  if  any  be  greived  at  the  order  of  a  towne,  the 
parties  to  have  liberty  to  appeale  to  the  Governor  and 
Counsell  or  the  Courte. 

A  Solemn  Admonition. 

June,  1637.  — -  Benjamin  Hubberd  was  solemly 
admonished  of  his  failing,  for  being  in  company  with 
James  Browne  and  the  rest)  and  often  drinking  of  the 
strong-water  bottle  with  them,  and  not  reproving 
them. 

Price  of  Liquors  and  of  Meals  at  Inns,  regulated. 

Nov.  1637. — Whereas  it  hath  appeared  unto  this 
Court,  upon  many  sad  complaints,  that  much  drunk- 
ennes,  waste  of  the  good  creatures  of  God,  mispence  of 
precious  time,  and  other  disorders  have  frequently 
fallen  out  in  the  inns  and  common  victualing  houses 
within  this  jurisdiction,  whearby  God  is  nmch  dis- 
honoured, the  profession  of  religion  reproached,  and 


OF  MASSACHUSETTS.  345 

the  welfare  of  this  commonwelth  greatly  impaired, 
and  the  true  use  of  such  houses  (being  the  necessary 
releefe  of  travellers)  subverted ;  for  redresse  hearof 
it  is  now  ordered,  that  after  the  last  day  of  this 
present  month,  it  shall  not  bee  lawf nil  for  any  person 
that  shall  keepe  any  such  inne  or  common  victualing 
house,  to  sell  or  have  in  their  houses  any  wine  or 
strong  waters,  nor  any  beare,  or  other  drinke,  other 
than  such  as  may  and  shall  be  sould  for  one  penny 
the  quart,  at  the  most  ....  And  it  is  further  ordered- 
that  no  common  brewer  shall  sell  or  utter  to  any  inn 
or  common  victualing  house,  within  this  jurisdiction, 
any  beare  or  other  drinke  of  any  stronger  size  than 
such  as  may  and  shalbe  affoarded  at  the  rate  of  8«A. 
the  barrell,  upon  paine  of  20£  for  every  offence 
against  this  order. 

And  whereas  complaint  hath  been  also  made  that 
diverse  poore  people,  who  would  willingly  content 
themselves  with  meane  dyot,  are  forced  to  take  such 
dyotas  is  tendered  them  at  12d.  the  meale  or  more,  it 
is  now  ordered,  that  every  keeper  of  such  inn  or 
common  victualing  house  shall  sell  and  alowe  unto 
every  of  their  guests  such  victuals  as  they  shall  call 
for,  and  not  force  them  to  take  more  or  other  than 
they  desire,  bee  it  never  BO  meane  and  small  in  quan- 
tity, and  shall  affoard  the  same  and  all  other  dyot  at 
reasonable  prizes,  upon  paine  of  such  fine  as  the 
Court  shall  inflict,  according  to  the  measure  and 
quantity  of  the  oifence. 

Against  Cakes  and  Buns. 

It  is  ordered,  also,  that  no  person  shall  sell  any  cakes 
or  buns,  either  in  the  markets  or  victualing  houses,  or 


346  EARLY  LAWS,  $c. 

elsewhere,  upon  paine  of  10*.  fine;  provided  that 
this  order  shall  not  extend  to  such  cakes  as  shalbee 
made  for  any  buriall,  or  marriage,  or  such  like  spetiall 
occasion. 

A  Female  Practitioner  restrained. 

March,  1638. — Jane  Hawkins,  the  wife  of  Richard 
Hawkins,  had  liberty  till  the  beginning  of  the  third 
month,  called  May,  and  the  magistrates  (if  shee  did 
not  depart  before)  to  dispose  of  her ;  and  in  the  meane 
time  shee  is  not  to  meddle  in  surgery,  or  phisick,  drinks, 
plaisters,  or  oyles,  nor  to  question  matters  of  religion, 
except  with  the  Elders  for  satisfaction. 

Swearing  punished. 

June,  1638. — Robert  Bartlet,  being  presented  for 
cursing  and  swearing,  was  censured  to  have  his 
tongue  put  in  a  cleft  stick. 

John  Smith  of  Meadford,  for  swearing,  being  peni- 
tent, was  set  in  the  bilboes. 

March,  1639. —  John  Hogges  for  swearing  [by] 
God's  foote,  and  cursing  his  servant,  wishing  "  a  poxo 
of  God  take  you,"  was  lined  5£. 

Extortion  censured. 

June,  1639. —  Edward  Palmer,  for  his  extortion, 
taking  1£.  13s.  Id.  for  the  plank  and  woodwork  of 
Boston  stocks,  is  fined  5£.  and  censured  to  bee  set  an 
houre  in  the  stocks.  This  was  remitted  to  10  sh. 


BLUE  LAWS  OF  ENGLAND, 

IN  THE   REIGN   OF   JAMES   THE   FIRST. 

"  In  determining  what  kind  of  men  our  fathers  were,  we  are  to 
compare  their  laws,  not  with  ours,  but  with  the  laws  which  they 
renounced."  Something  has  been  said  in  the  Introduction  to  this 
volume,  of  English  criminal  law  at  the  time  of  the  colonization  of 
New  England.  A  few  extracts  from,  and  abstracts  of,  English 
statutes  in  force  in  the  reign  of  James  the  First  may  be  grouped 
here,  to  refresh  the  memory  ot  those  who  incline  to  believe  that 
penalties  for  dissent,  fines  for  absence  from  church  and  for  non- 
observance  of  stated  fasts,  regulations  of  the  hours  of  labor  and 
wages  of  artisans,  laws  against  tippling  and  card-playing,  and 
against  idleness  and  vagrancy, — above  all,  laws  for  the  punishment 
of  witchcraft  and  sorcery, — were  peculiar  to  puritan  legislation  in 
New  England. 

PENALTIES  OF  .NONCONFORMITY  AND  "RECUSANCY." 

[By  the  Statute  of  35  Elizabeth,  c.  1 ;  If  any  above 
the  age  of  sixteen  shall  be  convicted  to  have  absent- 
ed themselves  above  a  month  from  Church,  without 
any  lawful  cause,  to  have  impugned  the  Queen's 
authority  in  causes  ecclesiasticall,  or  to  have  persuaded 
others  to  be  present  at  any  unlawful  assemblies, 
conventicles,  or  meetings  under  color  or  pretence  of  any 
exercise  of  religion,  or  to  have  themselves  willingly 
joined  in  or  been  present  at  such  conventicles  or 
meetings,  they  shall  be  committed  to  prison,  and 
there  remain  until  they  shall  conform  themselves, and 
make  open  submission.  And  if  within  three  months 
after  such  conviction,  they  refuse  to  conform  and 
make  public  confession  and  submission,  they  shall, 
being  thereunto  required  by  a  Justice  of  the  Peace, 
in  open  assise  or  sessions,  abjure  the  realm  forever, 

347  " 


348  BLUE  LAWS 

and  shall  thereupon  depart  the  Realm,  at  such  Port 
and  at  such  time  as  the  said  Justices  shall  appoint. 
If  any  such  offender  shall  refuse  to  make  such  abju- 
ration, or  to  depart  at  the  time  appointed,  or  shall 
return  into  any  part  of  the  Kealm,  without  special 
license,  such  offender  shall  be  adjudged  a,  felon  and 
shall  suffer  as  in  case  of  felony,  without  benefit  of 
clergy.] 

No  Kecusant  convict  shall  at  anie  time  after  the  end 
of  this  session  of  Parliament  (1605),  practise  the  Com- 
mon Law  of  this  Realme,  as  a  counsellor,  clerke, 
attorney,  or  solicitor  in  the  same,  nor  shall  practise 
the  Civil  Law,  as  advocate,  or  proctor,  nor  practise 
Phisicke,  nor  exercise  or  use  the  trade  or  art  of  an 
Apothecarie,  nor  shall  bee  Judge,  Minister,  Clerke,  or 
Steward,  of  or  in  any  Court,  or  keepe  anie  Court,  nor 
shall  bee  Register,  or  Town  Clerke,  or  other  minister 
or  officer  in  anie  court,  nor  shall  beare  anie  office  or 
charge,  as  Captaine,  Lieutenant,  Corporall,  Serjeant, 
Ensigne-bearer,  or  other  office  in  campe,  troupe,  band, 
or  company  of  Souldiers,  nor  shall  be  Captaine, 
Master,  Govern  our,  or  beare  anie  office  or  charge,  of 
or  in  anie  Shippe,  Castle,  or  Fortresse  of  the  King's 
majestic,  his  hey  res  and  successors,  but  be  utterly 
disabled  for  the  same ;  and  every  person  offending 
herein  shall  also  forfeit  for  everie  such  offence,  one 
hundred  pounds. 

No  Popish  recusant  convict,  nor  any  having  a  wife 
being  a  popish  recusant  convict,  shall  at  any  time 
after  the.  end  of  this  session  of  Parliament,  exercise 
any  pnblique  office  or  charge  in  the  Commonwealth, 
but  shall  be  utterly  disabled  to  exercise  the  same  by 
himselfe,  or  by  his  deputie. 


OF  ENGLAND.  349 

Everie  Popish  recusant,  which  is  or  shall  be  con- 
victed of  Popish  recusancie,  shall  stand  and  be 
reputed  to  all  intents  and  purposes  disabled,  as  a 
person  lawfully  and  duely  excommunicated,  and  as 
if  hee  or  shee  had  been  so  denounced  and  excom- 
municated, according  to  the  lawes  of  this  Realine, 
untill  hee  or  shee  so  disabled  shall  conforme  him  or 
herselfe,  and  come  to  Church,  and  heare  Divine 
Service,  and  receive  the  Sacrament  of  the  Lorde's 
Supper,  according  to  the  laws  of  this  Eealme,  and 
shall  also  take  the  oath  prescribed,  etc. — 3  James 
I.,  c.  5. 

PENALTIES  FOE  NOT  GOING  TO  CHUECH. 

All  and  everie  person  or  persons  inhabiting  within 
this  Realme,  or  any  other  the  Queene's  Majestie's 
dominions,  shall  diligently  and  faithfully,  having  noe 
lawfull  or  reasonable  excuse  to  bee  absent,  endevour 
themselves  to  resort  to  the  Parish  Church  or  Chappell 
accustomed,  or  upon  reasonable  let  thereof,  to  some 
usuall  place  where  Common  Prayer,  and  such  Service 
of  God  shall  bee  used,  in  such  time  of  let,  upon  everie 
Sunday,  and  other  dayes  ordayned  and  used  to  be 
kept  as  Holy  dayes :  and  then  and  there  to  abide 
orderly  and  soberly,  during  the  time  of  the  Common 
Prayer,  preachings,  or  other  Service  of  God  there  to 
be  used  and  ministred,  upon  payne  of  punishment 
by  the  censures  of  the  Church ;  and  also,  upon 
payne  that  everie  person  so  offending  shall  forfeit  for 
everie  such  offence  twelve  pence,  to  be  levyed  by  the 
Churchwardens  of  the  Parish,  where  such  offence  shall 
be  done,  to  the  use  of  the  pore  of  the  same  parish. 
— 1  Eliz.,  c.  2.  [Re-enacted,  3  James  I.,  c.  4,  with 
the  addition  that  if  the  Churchwarden  cannot  levy 


350  BLUE  LAWS 

the  penalty  by  distress  and  sale  of  the  goods  of 
the  offender,  a  Justice  of  the  Peace  shall  commit 
such  offender  to  prison,  until  payment  be  made.] 

Everie  person  above  the  age  of  sixteene  yeres,  which 
shal  not  repaire  to  some  Church,  Chappell,  or  usuall 
place  of  Common  Prayer,  but  forbeare  the  same, 
contrarie  to  the  tenor  of  a  Statute  [above  recited] 
made  in  the  first  yeare  of  her  Majestie's  raign  for 
uniformitie  of  Common  prayer,  and  being  thereof 
lawfully  convicted,  shall  forfeit  to  the  Queene's  Maj- 
estie,  for  every  moneth  after  the  end  of  this  Session 
of  Parliament,  which  he  or  she  shall  so  forbeare, 
twenty  pounds  of  lawfull  English  money.  And  that 
over  and  besides  the  said  forfeitures,  everie  person 
so  forbearing  by  the  space  of  twelve  moneths,  as 
aforesaid,  shal,  for  his  or  her  obstinacie,  after  Certifi- 
cat  thereof  in  writing  made  into  the  Court  commonly 
called  the  King's  Bench,  etc.,  be  bound  with  two 
sufficient  suerties,  in  the  summe  of  two  hundred 
pounds  at  the  least,  to  the  good  behaviour,  and  so  to 
continue  bound,  untill  such  time  as  the  persons  so 
bound  doe  conforme  themselves,  and  come  to  the 

Church,  etc And  that  everie  person  which 

shall  forfeit  any  summes  of  money  by  vertue  of  this 
Act,  and  shall  not  be  able,  or  shall  faile  to  pay  the 
same  within  three  moneths  after  judgment  thereof 
given,  shall  be  committed  to  prison,  there  to  remaine, 
untill  he  have  paid  the  said  summes,  or  conforme 
himselfe  to  go  to  church,  and  there  doe  as  is  afore- 
said.—23  Eliz.  c.  1. 

Everie  such  offender  in  not  repairing  to  Divine 
Service,  but  forbearing  the  same,  contrarie  to  the  said 
Estatute  [above  recited],  as  hath  beene  heretofore 


OF  ENGLAND.  351 

convicted  for  such  offence,  and  hath  not  made  submis- 
sion, and  been  coiuformable,  according  to  the  true 
meaning  of  the  said  Estatute,  shall  without  any  other 
indictment  or  conviction,  pay  into  the  receipt  of  the 
said  Exchequer,  all  such  suimnes  of  money,  as  accord- 
ing to  the  rate  of  twentie pounds  for  everie  moneth, 
sithence  the  same  conviction,  doe  yet  remaine  un- 
payed.  .  .  .  And  shall  also  for  everie  moneth  after 
such  conviction,  without  any  other  indictment  or 
conviction,  pay  into  the  receipt  of  the  Exchequer 
aforesaid,  at  two  times  in  the  yeare,  that  is  to  say,  in 
everie  Easter  Terme  and  Michaelmas  Terme,  as  much 
then  as  shal  remain  unpaid,  after  the  rate  of  twentie 
pounds  for  every  month  after  such  conviction. 

And  if  default  shall  be  made  in  any  part  of  paiment 
aforesaid,  contrarie  to  the  forme  herein  before  limited : 
that  then,  and  so  often,  the  Queene's  Majestic  shall 
and  may,  by  proces  out  of  the  said  Exchequer,  take, 
seise,  and  enjoy  all  the  goods,  and  two  parts  as  well 
of  all  the  lands,  tenements,  and  hereditaments,  leases 
and  farmes  of  such  offender,  ....  leaving  the  third 
part  onely  of  the  same  lands,  (etc.)  to  and  for  the 
maintenance  and  reliefe  of  the  sume  offender,  his 
wife,  children,  and  familie. — 28  Eliz.,  c.  6.  [Re-en- 
acted, 3  James  I.,  c.  4,  with  an  additional  provision, 
that  the  King  may  "  refuse  the  penaltie  of  20£.  a 
month,  though  it  be  tendered  readie  to  be  payed  ac- 
cording to  the  law,"  and  may,  instead,  "seize  and 
take  to  his  owne  use,  and  the  uses,  intents,  and  pur- 
poses hereafter  limited,  two  parts  in  three  parts  of 
the  lands  etc.  of  the  offender,  to  be  held  to  his  own 
uses,  till  such  offender  shall  conform,"  &c.] 

Everie  person  and  persons  which  shall  willingly 


352  BLUE  LAWS 

maintaine,  retaine,  relieve,  Tteepe,  or  harbour  in  Iris  or 
their  Louse,  any  servant,  sojourner,  or  stranger,  who 
shall  not  goe  to,  or  repayre  to  some  Church,  or 
Chappell,  or  nsuall  place  of  Common  Prayer,  to 
heare  Divine  Service,  but  shall  BO  forbeare  the  same 
by  the  space  of  one  moneth  together,  not  having  a 
reasonable  excuse,  etc.,  shall  forfeit  tenne  pounds  for 
everie  moneth  that  hee,  shee,  or  they  shall  so  relieve, 
etc.,  such  servant,  sojourner,  or  estranger,  in  his  or 
their  house. — 3  James  I.,  c.  4. 

If  any  person  or  persons,  body  politiqiue  or  cor- 
porate, shall  keepe  or  maintaine  any  Schoolemaster 
which  shall  not  repaire  to  Church,  as  is  aforesaid,  or 
be  allowed  by  the  Bishop  or  Ordinarie  of  the  Dio- 
cesse  where  such  Schoolemaster  shall  be  so  kept,  shall 
forfeit  and  lose  for  everie  moneth  so  keeping  him,  ten 
pounds  ....  And  such  Schoolemaster  or  Teacher 
presuming  to  teach,  contrarie  to  this  Act,  and  being 
thereof  lawfully  convict,  shall  bee  disabled  to  bee  a 
teacher  of  youth,  and  shall  suffer  imprisonment  with- 
out baile  or  mainprise  for  one  yeare. — 23  Eliz.,  c.  1. 

[By  the  act  of  1  James  L,  c.  4,  every  person  was 
forbidden  to  keep  a  school  or  be  a  Schoolmaster,  out 
of  the  Universities  or  Colleges  of  this  Realm,  "  except 
in  some  publique  or  free  Grammar  School,  or  in  some 
such  nobleman's  or  noblewoman's  or  gentleman's  or 
gentlewoman's  house,  as  are  not  Recusants,"  with- 
out a  special  license  from  the  Archbishop,  Bishop, 
or  guardian  of  the  Spiritualities  of  the  diocese,  under 
pain  of  forfeiture,  by  employer  and  teacher,  of  forty 
shillings  for  every  day  he  shall  so  offend. 

AGAINST  EATING   MEAT  ON    FISH-DAYS,  AND  IN  LENT. 

1564. — From  and  after  the  Feast  of  Pentecost  next 

coinming,  it  shall  not  be  lawfull  to  any  person  or 


OF  ENGLAND.  353 

persons  within  this  Kealme,  to  eate  any  flesh  upon 
any  dayes  now  usually  observed  as  Fish  dayes,  or 
upon  any  Wednesday  now  newly  limited  to  be  ob- 
served as  fish-day,  upon  paine  that  everie  person 
offending  herein  shall  forfeit  three  pound  for  everie 
time  he  or  they  shall  offend,  or  else  suffer  three  monetfis 
close  imprisonment  without  baile  or  maineprise.— 
5  Eliz.,  c.  5.  [In  1594,  the  penalty  for  eating  meat 
on  a  fish  day  was  abated  to  twenty  shillings  or  one 
month's  close  imprisonment. — 35  Eliz.,  c.  7.] 

1603. — No  butcher,  or  other  person,  whether  he 
be  licenced  or  not  licenced  to  kill  flesh,  shall  from 
henceforth  at  any  time  in  the  time  of  Lent,  kill, 
or  dress,  to  the  intent  to  put  to  sale,  any  oxe  or 
oxen,  beeves,  beevets,  hogges,  calves,  ramme,  eswes, 
orwethers,  except  oxen  or  beeves  for  victualling  of 
shippes  into  forraine  parts,  and  except  all  flesh  to 
be  killedthree  days  next  before  Easter  yearely,  upon 
paine  to  forfeit  and  lose  the  saip  oxen,  beeves,  etc.  so 
killed  or  dressed  contrary  to  this  statute,  or  the  value 
of  them. 

And  every  taverner,  innkeeper,  keeper  of  everie 
common  tabling  house,  common  cooke,  common  tipler, 
or  alehouse  keeper,  offending  at  anytime  hereafter 
in  the  dressing  of  anie  flesh  victuall,  contrary  to  the 
statute  of  Anno  5  Elizabethae,  or  contrary  to  this 
statute,  shall  not  only  forfeit  all  the  said  flesh  so 
dressed,  but  also  the  penaltie  imposed  by  the  same 
Statute  of  Anno  5  Elizabethan,  for  every  offence  to  be 
committed,  after  the  feast  of  Saint  Michaell  the  Arch- 
angell  next  comming."  1  James  I.,  ch.  29. 

DRUNKENNESS  ;  ALEHOUSES,  &c. 
[If  any  Inne-keeper,  Victualler,  or  Alehouse-keeper 


354:  BLUE  LAWS 

permit  or  suffer  any  person,  dwelling  in  the  same 
town,  to  sit  tipling  in  his  house,  he  shall  forfeit  ten 
shillings  for  every  such  offence. — 1  James  I.,  c.  9.] 

If  any  Inne-keeper,  Alehouse  keeper,  or  Victualler, 
shall  at  anie  time  utter  or  sell  lesse  than  one  full  ale 
quart  of  the  best  beere  or  ale  for  a  penny,  and  of  the 
small,  two  quarts  for  a  penny,  then  everie  such  inne 
keeper  etc.  shall  forfeit  for  every  such  offence,  being 
duly  prooved.  twenty  shillings  [to  the  use  of  the  poor 
of  the  Parish.]— Id. 

[Any  person  who  shall  remain  or  continue  drinking 
or  tipling  in  any  inne,  victualing  house,  or  alehouse, 
being  in  the  same  towne  etc.,  shall  forfeit  for  every 
such  offence  three  shillings  fourpence,  to  the  use  of 
the  poor ;  and  if  unable  to  pay,  shall  be  set  in  the 
stocks  four  hoiirs.  For  a  second  offence,  he  shall  be 
bound  with  two  sureties,  in  the  sum  of  ten  pounds,  to 
good  behavior. — 4:  James  I.,  c.  5. 

[Every  person  convicted  of  drunkenness  shall  for- 
feit, for  every  such  offence,  five  shillings ;  and  if  un- 
able to  pay,  shall  be  set  in  the  stocks  six  hours. — Id. 

PLAYS  AND  GAMES. 

Be  it  also  enacted,  etc. :  That  no  manner  of  artificer 
or  craftsman,  of  any  handicraft  or  occupation,  hus- 
bandman, apprentice,  labourer,  servant  at  husbandry, 
journeiman  or  servant  of  artificer,  mariners,  fisher- 
men, watermen,  or  any  serving-man,  shall,  from  the 
feast  of  the  Nativitie  of  St.  John  Baptist  [now  next 
comming],  play  at  the  Tables,  Tennis,  Dice,  Gardes, 
Bowles,  Closh,  Coyting,  Legating,  or  any  other  un- 
lawfull  game,  out  of  Christmasse,  under  the  pain  of 
twenty  shillings,  to  be  forfeit  for  every  time,  and 
in  Christmasse,  to  play  at  any  of  the  said  games  in 


OF  ENGLAND.  355 

their  masters'  houses  or  in  their  masters'  presence. 
And  also,  that  no  manner  of  person  shall  at  anie  time 
play  at  any  bowle  or  bowles,  in  open  places,  out  of 
his  garden  or  orchard,  under  the  paine  of  every  time 
so  offending,  to  forfeit  five  shillings  eight  pence.  *  *  * 
Provided  also,  and  be  it  enacted,  etc. :  That  it  shall  be 
lawf  nil  for  every  Master  to  licence  his  or  theyr  servant 
to  play  at  cardes,  dice,  or  tables,  with  their  said  master, 
or  with  any  other  gentleman  repairing  to  their  said 
master,  openly  in  his  or  theyr  house,  or  in  his  or  theyr 
presence,  according  to  his  or  theyr  discretion. — 33 
Hen.  VIII.,  c.  9. 

Be  it  also  enacted,  etc. :  That  no  manner  of  person 
or  persons,  of  what  degree,  qualitie  or  condition 
soever  hee  or  they  be,  by  himselfe,  factour,  deputy, 
servant,  or  other  person,  shall  for  his  or  theyr  gaine, 
lucre  or  living,  keepe,  have,  holde,  occupie,  exercise, 
or  maintaine  any  common  house,  alley,  or  place  of 
bowling,  coiting,  closh,  cailes,  halfe  bowle,  tennis, 
dicing,  tables,  or  carding,  or  any  other  manner  of  game 
prohibited  by  any  statute  heretofore  made,  or  any 
unlawful!  new  game  now  invented  or  made,  or  any 
other  new  unlawful!  game  hereafter  to  be  invented, 
etc.,  upon  paine  to  forfeit  and  pay  for  every  day 
keeping,  having,  or  maintaining,  or  suffering  any 
such  game  to  be  had,  etc.,  contrary  to  the  form  and 
effect  of  this  Statute,  forty  shillings.— Id. 

BEGGARS  AND  VAGRANTS. 

All  persons  calling  themselves  Scholars,  going 
about  begging;  all  seafaring  men,  pretending  losses 
of  their  ships  or  goods  on  the  sea,  going  about  the 
Oountrie  begging ;  all  idle  persons  going  about  in  any 
Countrey,  either  begging  or  using  any  subtill  craft  or 


356  BLUE  LAWS 

unlawful  games  and  playes,  or  fayning  themselves  to 
have  knowledge  in  Physiognomic,  Palmistrie,  or 
other  like  craf  tie  science,  etc. ;  all  persons  that  be,  or 
utter  themselves  to  be  proctors,  procurers,  patent- 
gatherers,  or  collectors  for  gaoles,  prisons,  or  hos- 
pitals; all  fencers,  b'eare-wards,  common  Players  of 
Enterludes,  and  minstrels,  wandering  abroad  (other 
than  players  of  eriterludes  belonging  to  any  Baron  of 
this  Realm  or  any  other  honorable  person  of  greater 
degree,  etc.} ;  all  jugglers,  tinkers,  pedlers,  and  petty 

chapmen,  wandering  abroad ; all  persons 

delivered  out  of  gaoles,  that  begge  for  their  fees,  or 
otherwise  travell  begging ;  all  such  persons  as  shall 
wander  abroad  begging,  pretending  losses  by  fire,  or 
otherwise,  etc.,  etc.)  shall  bee  taken,  adjudged,  and 
deemed,  Rogues,  Vagabondes,  and  sturdie  Beggers. 

[If  any  such  persons  shall  be  taken  begging,  va- 
grant, wandering,  or  misordering  him  or  herself,  he  or 
she  shall  by  the  appointment  of  any  Justice  of  Peace, 
constable,  head-borough  or  tithing  man,  "be  stripped 
naked  from  the  middle  upwards  and  shall  be  openly 
whipped  until  his  or  her  body  be  bloody,  and  shall  be 
forthwith  sent  from  parish  to  parish,"  the  nearest  way, 
to  the  place  of  their  birth,  or  where  they  last  dwelt.  If 
the  place  of  birth  or  last  residence  cannot  be  discovered, 
he  or  she  is  to  be  committed  to  the  House  of  Correc- 
tion or  the  common  goal,  and  there  set  to  work,  and 
so  to  continue  for  one  year  or  until  placed  in  service.] 
—39  Eliz.,  c.  4. 

[Such  rogues  as  appear  to  be  dangerous  to  the  in- 
ferior sort  of  people  or  otherwise  be  such  as  will  not 
be  reformed  of  their  rogueish  course  of  life,  shall  be 
banished,  and  conveyed  beyond  the  seas,  or  adjudged 
perpetually  to  the  Gallies  of  the  Realm.  If  a  rogue 


OF  ENGLAND.  357 

BO  banished  shall  return,  without  license,  he  shall 
suffer  death  as  a  felon. — Id.] 

For  that  the  said  rogues  having  no  marke  upon  them 
to  be  knowne  by,  notwithstanding  such  judgement  of 
banishment  may  returne  etc.  and  so  escape  the  due 
punishment,  etc. ;  for  remedie  whereof  bee  it  or- 
dayned  and  enacted :  That  such  rogues  as  shall  bee 
adjudged  [by  two  Justices  of  the  Peace]  as  aforesaid 
incorrigible  or  dangerous,  shall  also  by  the  judge- 
ment of  the  same  Justices  etc.  be  branded  in  the  left 
shoulder,  with  an  hot  burning  yron,  of  the  breadth  of 
an  English  shilling,  with  a  great  Roman  II  upon  the 
yron,  and  the  branding  upon  the  shoulder  to  be  so 
thoroughly  burned,  and  set  on  upon  the  skinne  and 
flesh,  that  the  letter  R  be  scene,  and  remayne  for  a 
perpetual  marke  upon  such  rogue  during  his  or  her 
life,  etc. 

If  any  rogue  so  punished  shall  offend  againe,  in 
begging  or  wandering  contrary  to  the  Statute,  the 
party  so  offending  shall  be  judged  a  felon,  and  shall 
suffer  [death]  as  in  cases  of  felonie,  without  benefit 
of  clergie. — 1  James  I.,  c.  7.* 

*  This  law  continued  in  force  till  the  reign  of  Queen  Anne. 
"Every  cruelty  short  of  scalping,"  says  Burn,  "  was  practised  on 
the  English  poor,"  even  after  the  enactment  of  the  Law  of  Settle- 
ment in  16G2.  "Whipping  continued  to  be  a  favorite  remedy  for 
poverty.  By  an  Act  passed,  not  in  the  reign  of  Hengist  or  Canute, 
but  of  George  the  Second,  '  a  woman  delivered  of  a  child  in  a  parish 
to  which  she  docs  not  belong,  was  liable  to  public  whipping  and 
six  months'  imprisonment.'  In  George  the  Third's  time,  an  Act 
provides,  '  that  no  justice  of  the  peace  shall  order  any  vagrant  to 
be  conveyed  by  a  pass  [to  the  place  of  his  settlement,]  who  has 
not  been  whipped,  or  imprisoned  for  at  least  seven  days'  (32  Geo. 
III.,  c.  45).  Certificates  of  the  whipping,  produced  as  a  title  to 
relief,  are  still  among  the  records  of  our  parishes.  Is  there  "  asks 


358  BLUE  LAWS 

LABORERS,  ARTISANS,  &c. 

All  Artificers  and  Laborers,  being  hired  for  wages 
by  the  day  or  weeke,  shall,  betwixt  the  midst  of  the 
months  of  March  and  September,  be  and  continue  at 
their  worke,  at  or  before  five  of  the  clocke  in  the 
morning,  and  continue  at  worke,  and  not  to  depart, 
untill  betwixt  seven  and  eight  of  the  clocke  at  night 
except  it  be  in  the  time  of  breakefast,  dinner,  or 
drinking,  the  which  time  at  the  most  shall  not  exceede 
above  two  houres  and  a  halfe  in  the  day :  that  is  to  say, 
at  every  drinking  one  halfe  houre,  for  his  dinner  one 
houre,  and  for  his  sleepe,  when  he  is  allowed  to  sleepe 
(the  which  is  from  the  midst  of  May  to  the  midst  of 
August)  halfe  an  houre  at  the  most,  and  at  everie 
breakefast  one  halfe  houre : 

And  all  the  said  labourers  between  the  midst  of 
September  and  the  middest  of  March,  shall  be  and  con- 
tinue at  their  worke  from  the  spring  of  the  day  in  the 
morning,  untill  night  of  the  same  day,  except  it  be  in 
time  before  appointed  for  breakefast  and  dinner,  upon 
paine  to  lose  and  forfeit  one  penny  for  every  houre's 
absence,  to  be  deducted  and  def  aulked  out  of  his  wages 
that  should  so  offend. — 5  Eliz.,  c.  4. 

[The  same  act  provides,  that  none  that  take  work 
"in  great,  in  task,  or  in  gross"  (by  the  job)  shall 
leave  the  same  before  it  be  quite  finished,  except  for 
non-payment  of  his  wages,  the  Queen's  service,  or 
other  lawful  cause,  under  pain  of  a  month's  imprison- 
ment and  forfeiture  of  £5  to  the  party  aggrieved, 
besides  costs  and  damages. 

an  English  historian — anything  in  Canciani  [Laws  of  the  Barba- 
rians] more  revolting  to  the  instincts  of  freemen,  or  more  surely 
proving  the  degradation  of  the  people  ?  " — Phillimore's  History  of 
the  Reign  of  George  the  Third,  p.  90. 


OF  ENGLAND.  359 

And  that  Wages  of  laborers,  artificers,  and  others, 
shall  be  yearly  assessed,  in  each  county,  by  the  sheriff 
and  justices  of  peace ;  and  that  none  shall  give  greater 
wages  than  those  so  fixed,  under  penalty  of  £5  and 
ten  days'  imprisonment,  and  any  laborer  convicted  of 
taking  greater  wages  shall  suffer  twenty-one  days' 
imprisonment.] 

CONJURATIONS,  ENCHANTMENT,  AND  WITCHCRAFT. 

1615. — Be  it  enacted,  ete. :  That  if  any  person  or 
persons,  after  the  feast  of  S.  Michael  the  Archangell 
next  comming,  shall  use,  practise,  or  exercise  any  Invo- 
cation or  Conjuration  of  any  evill  and  wicked  Spirit, 
or  shall  consult,  covenant  with,  entertaine,  employ, 
feede  or  reward  any  evill  and  wicked  Spirit,  to,  or  for 
any  intent  or  purpose,  or  take  up  any  dead  man, 
woman,  or  child,  out  of  his,  her,  or  their  grave,  or 
any  other  place,  where  the  dead  body  resteth,  or  the 
skinne,  bone,  or  any  other  part  of  any  dead  person,  to 
be  imployed  or  used  in  any  manner  of  Witch-craft, 
Sorcerie,  Charme,  or  Inchantment,  or  shall  use,  prac- 
tise or  exercise  any  Witch-craft,  Inchantment,  Charme, 
or  Sorcerie,  whereby  any  person  shall  be  killed,  des- 
troyed, wasted,  consumed,  pined,  or  lamed,  in  his  or 
her  body,  or  any  part  thereof:  That  then  every  such 
offender  or  offenders,  their  ayders,  abbetors,  and  coun- 
sellors, being  of  any  the  said  offences  duly  and  lawfully 
convicted  and  attainted,  shall  suffer  paines  of  death, 
as  a  felon,  or  felons,  and  shall  lose  the  priviledge  and 
benefit  of  clergie,  and  sanctuarie. 

And  further,  to  the  intent  that  all  manner  of  prac- 
tise, use,  or  exercise  of  Witchcraft,  Enchantment, 
Charme,  or  Sorcerie  should  be  from  henceforth  utterly 
avoided,  abolished,  and  taken  away,  Beit  enacted  etc., 


360  BLUE  LAWS  OF  ENGLAND. 

That  if  any  person  or  persons  shall  from  and  after  the 
said  feast  of  St.  Michael  the  Archangellnext  comming, 
take  upon  him  or  them  by  Witchcraft,  Inchauntment, 
Charme,  or  Sorcerie,  to  tell  or  declare  in  what  place 
any  Treasure  of  Gold  or  Silver  should  or  might  bee 
found  or  had  in  the  earth,  or  other  secret  places,  or 
where  goods  or  things  lost  or  stolen  should  be  found, 
or  become,  or  to  the  intent  to  provoke  any  person  to 
unlawfull  Love,  or  whereby  any  Cattell  or  Goods  of 
any  person  shall  be  destroyed,  wasted,  or  impaired, 
or  to  hurt  or  destroy  any  person  in  his  or  her  bodie, 
although  the  same  be  not  effected  and  done :  That 
then  all  and  every  such  person  or  persons  so  offending, 
and  being  thereof  lawfully  convicted,  shall  for  the 
said  offence  suffer  imprisonment  by  the  space  of  one 
whole  yeare,  without  bayle  or  mainprise,  and  once  in 
every  quarter  of  the  said  yeare  shall,  in  some  market 
towne  upon  the  market  day,  or  at  such  time  as  any 
Fayre  shall  bee  kept,  there  stand  openly  upon  the 
Pillory  by  the  space  of  sixe  hours,  and  there  shall 
openly  confesse  his  or  her  error  and  offence. 

And  if  any  person  or  persons  being  once  convicted 
of  the  same  offences,  as  is  aforesaid,  doe  eftsoonea 
perpetrate  and  commit  the  like  offence,  that  then 
everie  such  offender  being  of  any  the  sayde  offences 
the  second  time  lawfully  and  duely  convicted  and  at- 
tainted, as  is  aforesaid,  shall  suffer  paines  of  death  as 
a  felon,  or  felons,  and  shall  lose  the  beiiefite  and  priv- 
iledge  of  Clergie  and  Sanctuarie. — 1  James  I.,  ch.  12. 


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